According to Article 21 of the Indian Constitution, rape is a violation of the victim’s fundamental rights. It is the most physically and ethically repugnant crime in society since it infringes upon the victim’s right to privacy, body, and mind. A killer demolishes the victim’s body, but a rapist wrecks and defiles the spirit of a helpless girl. The victim of rape has their entire life uprooted as a result of it. In no way can a victim of rape be seen as an accomplice. A victim of rape is treated with greater respect than an injured witness since the crime has a lasting impact on the victim’s life.
section 375 ipc definition
A man is considered to have committed rape under section 375 ipc if he;
- Pierces a woman’s mouth, urethra, anus, or vagina to any extent, or compels her to do so with him or another person; or
- Forces her to do so with him or another person; or (often known as digital rape) inserts any instrument or component of the body, other than the penis, inside the vagina, urethra, anus, or any other area of her body.
- Manipulates, or coerces, a woman into using, any part of her body, including her urethra, anus, or vagina, or forces her to do so with him or another person; or
- Putting his tongue to a woman’s urethra, anus, or vagina; making her do it with him or another individual; or
- Any one of the seven provisions outlined in the Indian Penal Code of 1860, Section 375. The seven clauses that make up the provision primarily specify the conditions under which a rape offense would be considered to have occurred.
If it fits into any of the following categories against her will, it’s rape.
- Without her consent
- With her consent, provided such consent was acquired by instilling fear of harm or death in her or any other person in whom she has an interest
- When the man has her consent, even though he is aware that she does not consider him to be her husband, it is because she thinks he is someone else to whom she is or feels she is legally married.
- When the guy has her consent, even though he is aware that she does not consider him to be her husband, it is because she thinks he is someone else to whom she is or feels she is legally married.
- With her consent in cases where she is incapable of understanding the nature and implications of what she is consenting to at the time due to intoxication, mental instability, or the administration of any stupefying or unwholesome substance by him or another person.
- When she is under sixteen, with or without her permission.
section 375 ipc amendment 2019
- The proposed bill would make the crime of rape gender-neutral by substituting terms like “any person” or “other person” with pronouns that specifically refer to “men” and “women.”
- Additionally, the bill suggests substituting the term “genital”, which is subsequently specified under Explanation 1 to include the penis and vagina, for the phrase “penis” and “vagina.”
section 375 ipc punishment
- With the exception of some extreme circumstances, the penalty consists of a minimum sentence of seven years in jail, with the possibility of a life sentence, as well as a fine. In cases where the punishment is severe, it entails rigorous imprisonment for a minimum of 10 years, with the possibility of a life sentence, as well as a fine.
Section 375 ipc case laws
- In the case of Mukesh & Anr. v State for NCT of Delhi & Ors, a young girl had watched a movie, boarded a bus, and headed home with her male friend. There were six passengers on the bus, including the driver. After she knocked on the man using the iron rod, they all viciously raped her. In a day, they were taken into custody. When it handed down its ruling, the Supreme Court regarded this case as extremely exceptional and sentenced the perpetrators to death.
In this historic ruling, the court ruled that the case was extremely exceptional and imposed the death penalty on the guilty parties. Numerous public protests over this case also resulted in the creation of the JS Verma committee, which made numerous recommendations until an amendment was eventually approved in 2013.
- In the case of Independent thoughts v Union of India, a writ petition contesting theexception 2 of section 375 ipc, which maintained that non-consensual sex with a wife over the age of 15 does not constitute rape, was filed with the Supreme Court under Article 32. The court noted that married and single girls are artificially distinguished from one another without any justifiable connection. Intense sexual relations with a spouse can cause psychological distress. As a result, the court ultimately raised the age to 18 from 15.
This was a historic ruling that established a threshold at which non-consensual sexual relations with a wife younger than eighteen would constitute rape. It was also one of the most important measures made to prosecute marital rape, which is an exception under Section 375.
A great deal of rape incidents goes unreported to the authorities. There is an increase in the number of cases despite the creation of several rules and harsher penalties. The reason is that victims are reluctant to come forward and report such crimes, and women are often unaware of their rights.
Society needs to realize that the victims are not at fault and should not be shunned; instead, they should be helped to start over. The different regulations that are enacted can only be properly applied when people’s perceptions of rape situations alter.
