section 375

According to the latest data released by the National Crime Records Bureau (NCRB), in India, around 88 rape cases are recorded every day. many cases are not even registered because many people do not know about the law. Considering the growing number of rape cases, the people of India must be aware of Section375.

 Section375 of IPC defines Rape as “sexual intercourse” with a woman without her consent, against her will, by misrepresentation or fraud or at a time when she has been intoxicated or is of unsound mental health and if she is under 18 years of age. Under 375 of IPC, just penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

The Criminal Law (Amendment) Act,2013, also known as the NirbhayaAct was passed in parliament to amend Section375. The Amendment was mainly done to remove the ambiguity present in the previous law and made room for stricter punishment during incidents of sexual violence. The section was changed specifically to define the meaning of Sexual assault.

  1. SEXUAL ASSAULT Means:-Penetration into the Vagina , anus or urethra or mouth of a woman or child or causes him or any other person to do so.
  2. The insertion of any object or part of the body (other than the penis) into the vagina, anus or urethra or mouth of a woman or does so with her or any other person.
  3. Introduction by any person into the vagina or anus or urethra of a child by any object or any part of the body (other than the penis) to any extent, or doing so to him or any other person.
  4. Tampering with any part of a child’s body to enter the vagina (including the labia majora) anus or the urethra of the offender, from any part of the child’s body.

The offence of rape in IPC

Rape:

-sexual intercourse by husband upon his wife during separation

-sexual intercourse by a person in authority

-sexual harassment

-Assault or use of criminal force to women with intent to disrobe.

-stalking

-voyeurism

SECTION-376

PUNISHMENT FOR RAPE-The punishment for rape has been kept at a minimum of 7 years imprisonment of person in authority where the punishment is not less 10 years imprisonment extendable to life imprisonment and also fine.

SECTION 376-A-Whoever has sexual intercourse with his wife during separation against the decree of judicial separation ,custom etc.is punishable with imprisonment which may extend to 2 years and shall also be liable to fine

SECTION376-B-Prescribe punishment which may extend to 5 years and also be liable to fine for intercourse by a public servant with a woman in his custody or seducesany women.

SECTION376-C-It provides of 5 years imprisonment and also fine for intercourse by superintendent of jail remand home or other place or custody with a woman in his custody.

Section376-D– Provides punishment of 5 years imprisonment and also fine for intercourse by any member of the management or staff of a hospital with any woman in that hospital.

There are many factors responsible for the increasing rate of cases of rape in society. The problem rooted in the thinking of the patriarchal society wherein a female considered inferior to a man. It lies in the thinking of the people that a man has the right to rule over the body, mind and soul of the female. In India patriarchal mentality itself is the main cause of the increasing rate scenario.

The root of all causes lies in this cheap mentality, of course, it is not true for all sectors of the Indian society and cant be generalised, but it stands true for the majority of the cases. Another main reason is that women have started to raise issues. They have started to come forward and report the rape and molestation attempts they have facd with lesser rape attempts but women wouldn’t come up and report them.Awarness amongst women in this regard has helped. Another main factor is Loopholes still exist in our law making system which is if now does not recognize “martial rape”once proper laws are made  then more cases are definitely to come up.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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