SECTION 376 OF IPC :RAPE

In today’s world after so much of development and advancements still we are not able make a safe environment for women still alot of women is subject harassment, acid attack and rape. Rape is a big issue from every recent times. Before, 2013 amendment only sexual intercourse was considered as rape.  After the henious  crime on 12 December 2012 then 2013 amendment came In section 376 of Indian penal code according to which.

  1. Penetration in vagina, anus and uthrea .
  2. If puts an object inside vagina, anus and uthrea.
  3.  If body of the women is manipulated in such a way that penetration is done in vagina, anus and uthrea.
  4. If  apply mouth on vagina, anus and uthrea and froces to do the same.

 In these situations it will be considered as rape.

​CIRCUMSTANCES UNDER WHICH IT IS CONSIDERED AS RAPE:

  1. ​Against the will of the women.
  2. Without the consent of the women.
  3.  With consent but consent is obtained by putting her or someone she is interested in at risk.
  4.  With her consent when she believes the person is her husband to whom she is married to but the man knows he is not.
  5.  With her consent when her consent is obtained when she is in state of intoxication.
  6. With or without her consent when she is 18 years of age.
  7.  When she is not able to communicate her consent.

Under all these circumstances the person would be liable for the offense of  rape.

Section 376 (a)  it tells about the punishment for the offense of rape.

 If it causes death of the victim in the vegitive state so in this case imprisonment for a term of 20 years which can extend  to life imprisonment or fine.

Section 376 (b)  any husband and wife who are living separately wheather degree has been passed by the court or not if husband has sexual intercourse without consent of the wife imprisonment for a term of 2 years which can be extended to a term of 7 years and fine.

Section 376(c) when a person who is in authority ,  or incharge of a women cell or something if tries to have sexual intercourse then will be punished under this section.

Section 376(d) this section talks about gang rape  when more than one man have sexual intercourse with a women without her consent all the person would liable in a same manner for the offence of rape.

Section 376(e) if any person who has already been convicted under section 376(a) to 376(d) if again commits the offence of rape would be liable for life imprisonment or death.

Even after such laws the increasing cases of rape are there in the country the laws are made now it’s our responsibility as citizens to teach each other that without will or consent of any women one should not touch her.

Aishwarya Says:

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