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Section 375 in The Indian Penal Code ( RAPE) SEXUAL OFFENCES.

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INDIAN PENAL CODE 1860 ; SEXUAL OFFENCES
SECTION 375 ; RAPE.
SECTION; 375: RAPE- A man  who is said to commit  "RAPE" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of six following description :-

FIRST:-  Against her will.
SECOND:- Without her consent.
THIRD:- With her consent, when her  consent has been obtained by putting her or any person  in whom she is interested in fear of death or of hurt.
FOURTH:-  With her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. 
FIFTH:- With her consent, when at the time of giving such consent, by reason of unsoundness of  mind intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she given consent.
SIXTH:-  With her or without her consent, when she is under sixteen year of age.

EXPLANATION= Penetration is sufficient to constitute the sexual intercourse necessary to the offence of RAPE.
EXCEPTION= Sexual intercours  by a man with his own wife, the  wife not being under year of age, is not rape. 

INDIAN PENAL CODE 1860; SECTION 376:- PUNISHMENT FOR RAPE 

SECTION 376:- PUNISHMENT FOR RAPE :- Punishment for rape  whoever, except, in the cases  provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall be less than seven year and shall be for life or for a term which may extend to ten year and shall also be liable to fine unless the woman rape is his own wife and not under twelve year of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both;

Provided that  the court say, for adequates and special reason to be mentioned in the judgment, impose a sentences of imprisonment for a term of less than seven years. 
           whoever
(A) being a police officer commits rape-
  1.  Within the limits of the police station to which he is appointed; or
  2. In the premises of any station house whether or not situated in the police station to which he is appointed, or
  3. On a woman in  his custody or in the custody of a police officer subordinate to him, or           
(b) Being a public servant, taken an advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a servant of a public servant subordinate to him, or

(C) Being on the management  or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution takes advantages of his official position and commits rape on any inmates of such jail, remand home ,  place or institution; or

(D)Being on the management or on the staff of a hospital, takes advantages of his official position and commits rape on a woman in the hospital; or

(E) Commits rape on a woman knowing her to be pregnant;or

(F) Commits rape on a woman when she is under twelves years of age; or

(G) Commits gang rape.

Shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall be liable for fine.

EXPLANATION 1- Where a woman;s is raped by one or more than in a group of a person acting in furtherance of their common intention, each of the person shall be deemed to have committed gang rape within the meaning of this sub- section. 

EXPLANATION 2- "Hospital" mean the precincts of  the hospital and includes the precincts of any institution for the reception and treatment of person during convalescence of person  requiring medical attention or rehabilitation









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