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Rape Laws under IPC

Rape Laws under IPC

Author : V. Krishna Laasya

Introduction

Rape is an action that takes place without consensus and includes intercourse either anal or vaginal. Today, there is a wide increase in the number of rape cases, and to increase the ambit of the same, the term rape also includes penetration of the private parts of a person into another person. It must be analysed that the term rape is not restricted to only women. It includes both women and men being molested and subjected to the torture.

Sexual Offence Act, 2003

It is important to take into account, the sexual offence Act that refers to the commission of an offence, namely Rape as the following[1]

  • Commission of an offence by a person if there is penetration into the vagina, anus or mouth of another person
  • The other person does not consent to such an act
  • The person is aware that the other person does not consent to such an act.

Relevant Provisions of the Indian Penal Code

Section 375 of the Indian Penal Code, 1860 discusses on constituents of rape[2] as

  • Penetration of vagina, anus or any orifice which is non- consensual, or
  • This section is limited to the extent of having sex. It also includes touching any orifice with the mouth as well.

Under Section 228A of the Indian Penal Code, no person shall utter the name of the rape victim and shall be punishable for upto two years of imprisonment if disclosed.

It is however subject to the discretion of the Court as to whether the Act is considered as rape or not:

  1. If the act happens without consent, then no other matter is relevant enough to go against not considering the act as rape.
  2. Even if she consents to such a horrendous act, she must have done it because she knows she is in danger or
  3. She agrees to commit such an act because she believes the rapist to be her husband.
  4. She agrees in a non-legalized state, like she is drugged, mentally lucid at intervals and is involuntarily or voluntarily drunk
  5. She has not attained the age of legal majority
  6. She was rendered unconscious.

If a woman is fully conscious, able to make clear decisions and distinguish right from wrong, and she consents to such an act, the subject at hand ends there and there cannot be occurrence of rape.

Exasperating forms of Rape[3]

Aggravated form of rape can occur when a person of a special position takes advantage.

  • Public servants like police officers committing the offence of rape over the victim as they are of a comparatively superior status.
  • Rape by a person in a fiduciary relationship over the other like trustees and relatives.
  • Circumstance of rape on women with mental disability or woman who are suffering from lunacy.
  • Rape to an extent of causing life threatening injuries or disfiguration.

Such forms of immensely horrendous rape circumstances will be considered as aggravated rape and imprisonment will be of a rigorous nature.

Gang Rape

This form of immensely vulgar crime occurs when a woman is raped by a group of people along a period of same or similarly occurring time and each person will be punished for the commission of crime as per Section 376D of the Indian Penal Code, 1860.

As per Section 376E, death sentence can be prescribed for a person who has committed the crime once and has been convicted for the offence twice, with special regard to the offences of rape, rape to such an extent that the victim is in a vegetative state and gang rape.

Under Section 376 (2)(f), Rigorous imprisonment is awarded to the person who rapes a woman below twelve years of age. However, there is a lacuna in the judiciary as there is no benefit awarded to the small girl who has been blackmarked by the society and is undergoing trauma. Though the imprisonment of 10 years may also be extended for life, the precedents suggest otherwise.

Mathura rape case [4]can be brought into account for the commission of rape on a tribal girl by police officers. Such acts remove the respect and pride of being a public servant and bring in a tone of sadness on the horrific acts committed. This case is a horrendous example of trust in the wrong people.

In Mohd Habib v. State[5], The primary accused was acquitted on the mere grounds of no injury marks, which supposedly displayed no signs of struggle or retaliation. This is a judgment widely criticised upon owing to the lack of sympathy on part of the Hon’ble Bench.

In Delhi Domestic Working Women v. Union of India[6], the Supreme Court laid down the following measures namely

  1. Legal assistance is a must before any questions on the occurrence of rape are put forward to.
  2. The victim’s name and whereabouts must not be revealed to as much extent as possible.
  3. Help both medically and economically must be provided to the victim as much as possible.
  4. Pregnancy caused by such an act must be allowed to be terminated.
  5. Rehabilitation of the victim must be made in reasonable conditions.
  6. The victim must be explained on her right of representation and list of lawyers must be drawn to help the victim.

Conclusion

In today’s era, it has become an ‘every street occurrence’ to witness a rape having taken place. Every case of rape clearly illustrates the male chavunistic dominance of the society and its ruthless ways of finding means to suppress woman.

Reasons placed by the society like it’s the woman’s dressing that needs to change, women are made for such treatment, women are cheap if they walk on the road or smile, women are indecent if they come out at night, women are ill- cultured if they drink are baseless and absolute trash.  

Men must be educated both philosophically and from the grass root level on ways to treat women fairly and the impact women create on the society.

Women must report such horrendous crimes and bring it to the light of the judiciary which on turn must make stringent laws and award rigorous corporeal punishments on the offenders.

Various surveys have showcased that two rapes are occurring every hour in the country. This is shocking and women must learn that it is not their fault and it is wrong in the eyes of the beholder.

As Kiran Bedi[7] rightly said, law of rape cannot be summarized in two pages, it is a whole book and must be read together to understand the situation and circumstances faced by women.


[1] Appropriate Rape Laws and the stigma that exists in the society further discussed at < http://www.legalservicesindia.com/article/471/Rape-Laws-In-India-Appropriate-or-not?.html>. Last accessed 14 August 2020

[2] What amounts to Rape under Law? Elaborately discussed at <https://vikaspedia.in/social-welfare/social-awareness/legal-awareness/legal-provisions-related-to-rape>. Last accessed 14 August 2020

[3] For charge of Rape, Aggravated Rape, Gang Rape, Crime of Rape and Murder see <https://vikaspedia.in/social-welfare/social-awareness/legal-awareness/legal-provisions-related-to-rape>. Last accessed 14 August 2020.

[4] Mathura Rape Case, Tukaram 1978 Cr LJ 1864 SC

[5] Mohd Habib v. State 1989 Cr LJ 137 Delhi

[6] Delhi Domestic Working Women v. Union of India 1995 1 SCC 14

[7] Kiran Bedi, Retd Joint Commissioner, Special Branch