Proceedings under section 376 of the indian penal code
Under Section 375 of the Indian Penal Code, ‘Rape’ is defined. The punishment for the same is given under Section 376 of the IPC. The crime of rape is considered to be a crime against the society. This offence violates the right of the victim to have a dignified life under Article 21 of the Constitution of India.
Essential ingredients of section 375
The essential ingredients for the proving of the commission of an offence under Section 375 are given as under:-
- Sexual intercourse- The sexual intercourse must have taken place in order to allege an offence under this section in the way and manner defined under Section 375 of the IPC.
- Against her will- The sexual intercourse with a woman will be termed as rape if it is done against her will. However, the two terms ‘an act against her will’ and ‘an act without her consent’ have distinct meanings. ‘An act against her will’ means the denial on part of the woman while the act is occurring whereas the tem ‘an act without her consent’ means there is no prior agreement between the parties for indulging into sexual intercourse.
- Putting in fear of death or hurt- If the sexual act is being committed by putting the woman in fear of causing injury or death of her or anyone related to her, it is punishable under this section.
- Intoxication- If the consent of the woman has not been given in a good state of mind but under intoxication then it will not amount to valid consent. And if the sexual act is committed under such circumstances with that woman, it will be counted as rape.
- Impersonation- If a male impersonates to be the husband of a woman and under such impression the woman has given her consent, and as a result such male performs sexual intercourse with that woman then he will be punishable under this section.
- Minor- The consent of a minor is of no value for performing sexual intercourse with her, because the minor does not understand the consequences of the act.
- Consent communication- If the woman is not able to communicate her consent but despite the same, sexual intercourse is performed then it is punishable
Jurisdiction of the court- Court of Sessions
Punishment- The punishment of the offender shall be imprisonment up to 10 years which may extend to life imprisonment along with a fine.
If the rape has been committed on a woman who is under the age of sixteen years, then the punishment would be imprisonment of twenty years which may extend to life imprisonment and he shall also be required to pay a fine to the victim.
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