What is IPC 376, 375 | RAPE | PUNISHMENT | LIVING RELATIONSHIP CASE
BEFORE STARTING WITH THE EXPLANATION I WILL TELL ABOUT THE RAPE STATS OF INDIA.
RAPE STATS IN INDIA
- According to the (NCRB) 2013 annual report, 24,923 rape cases were reported across India in 2012 that means 24923 cases were registered under IPC 376 section.
- in the year 2016, a total of 38,947 cases of rape were registered in the country under the Protection of Children from Sexual Offences Act.
NUMBER OF RAPE REGISTERED IN INDIA YEAR
WHAT IS SECTION 376 IPC- RAPE SECTION OF IPC 376
Rape against any women comes under one of the heinous crime in India. This type of act done by any person will have to face harsh punishment. If any person has done Rape, then under section 376 of IPC he will be punished by the court.
First of all, we will talk about section 376 of IPC. Any person who has done rape with any female then under IPC 376, he will be prosecuted. If the offence is proved then minimum punishment he will get is 7 years of Imprisonment and the maximum sentence is 10 years of imprisonment but now it has changed to death also. It depends on the heinousness of the crime committed by the offender and the court can also impose fine.
Marital rape is also coming under IPC 376 where if any husband has done rape with his wife then he will also be punished under section IPC 376. Minimum sentenced for marital rape is 2 years of imprisonment and court can also impose fine. If the court find any reasonable facts or evidence then the court can reduce the punishment.
ACCORDING TO SECTION 375 OF INDIAN PENAL CODE
- penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
- inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
- manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any ~ of body of such woman or makes her to do so with him or any other person; or
applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:— First.—Against her will. Secondly.—Without her consent.
What is section 375 of IPC EXPLANATION
Section 375 OF IPC give the definition of rape. When any person without taking consent or by using power or by any threat or he pretend as his husband or by mixing any drugs in her drink or he taands benefit of her unsound mind and, if he does sex then the act is called as Rape in Hindi its called Balatkar. If the female is under 16 years then consent or without consent will be treated as Rape. If the act is done completely or partially then it is called also rape.
This section is divided in various category which is Section 375, 376, 376a, 376b, 376c, 376d.
Section 375(2) if any Government Officer or Police officer cannot use their power to do sex with her Junior female officer or any female who is working under him or any female who is in custody. If he is miss using his power for full feeling his own sexual need then it will also be treated as Rape. Section 375(2) is also applicable to Hospitals, Jail and Government offices. Under section 375 every person who is violating this section will be punishable of minimum 10 years of imprisonment.
ALSO READ – WHAT IS SUMMONS
Now we will talk about, what if any girl do sex with her Consent? Will it come under Rape (balatkar) or Not?
I will discuss two cases which will explain this point:-
A girl from Bombay having 2 years of relationship with a boy. After 2 year the boy broke the relationship with the girl. After the breakup, girl sues him that he promised to marry with her and because of this promise she gave her consent to do sex. But in this case Bombay high court said that the girl is well educated and mature. She is know about sex and physical relationship. So, she cannot put Rape Charges on him as there is a consent behind sex.
Further, The High Court of Bombay pronounced that if a girl who is 18 years old and having a relationship and doing sex with her consent and then she cannot put rape charges after the breakup. If the girl is not giving her consent but doing sex then it will also be taken as her consent and further, she cannot put rape charges on his partner.
RAL STORY OF TWO LOVE BIRDS
- A boy and a girl are in love with each other from last 3 years
- They were also leaving in leaving the relationship.
- After a few months, the girl asks to do marriage but boy refuse to do that and told her that he is not eligible now because he is not earning so much.
- He also gave much reason which is not admissible but the girl has to except because she doesn’t have an option.
- Now she returned back to home and told all the story to his parents.
- By taking consent of his parent she sues the boy in the court and put rape charges on him.
- The boy files an appeal in the High court to save from punishment.
- He told in the High court that he is ready to marry with the girl but court refuses his words and told that, you are marring to save yourself from the punishment which is not admissible reason.
- Court put rape section which is section 375 of IPC, “IPC 376”.
HERE IS THE VIDEO FOR YOU WHO WANT TO KNOW ABOUT RAPE IN HINDI OR SECTION 376 IN HINDI
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