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Know all about Indian Penal Code Section 375

Know all about Section 375 - which defines the laws against rape in India

Section 375 of IPC defines rape as a criminal offence and states that a man is said to commit rape when he has sexual intercourse with a woman against her or without her consent or if she is a minor. Under Section 375 of IPC, just penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

A man is said to commit rape when he has sexual intercourse with a woman under any of the following situations:

  1. Against her will.
  2. Without her consent.
  3. 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.
  4. With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.
  5. With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or 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 gives consent.
  6. With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.


Exception:


  • Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
  • A medical procedure or intervention shall also not constitute rape.


Section 375 IPC Explanation


  • Under Section 375 of IPC, just penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
  • A woman’s consent to sexual intercourse includes unequivocal voluntary agreement or willingness to participate in the specific sexual act by words, gestures or any form of verbal or non-verbal communication.
  • However, if a woman does not physically resist the act of penetration, it shall not be regarded as consenting to the sexual activity.


It is important to know what our former Chief Justice of India Dipak Misra had said on Marital rape. He had said that as per his "personal opinion" he doesn't think it should be an offence.
“I don’t think that marital rape should be regarded as an offence in India, because it will create absolute anarchy in families and our country is sustaining itself because of the family platform which upholds family values,”
he was quoted saying at a conference in Bengaluru's KLE Society’s Law College.

Misra also said that he believes that the idea of marital rape as crime has been borrowed from other nations and hence not necessarily applicable to our country.

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