Indian penal code for rape. IPC 233 2019-01-24

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India Law Journal

indian penal code for rape

Edited by Kudrat Agrawal ยง 375, Indian Penal Code. Rape under English law is defined more particularly where the law cover all the aspect of rape. Library of the European Parliament. There are records of women raped. She gave her statement against a army officer for rape case matter. And I hereby direct that you be tried by this Court on the said charge. State of Goa , the accused had sexual intercourse, repeatedly with a woman who was incapable of comprehending the vicissitudes of the act.

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Why isn't marital rape punishable under the Indian Penal Code?

indian penal code for rape

It would appear, therefore, that insofar as the concept of Marital Rape exception makes a classification between married and unmarried women, and disagrees to the former the equal protection of its criminal legislation, it prima facie violates Article 14, 15 and article 21 of Indian Constitution. In 5th year, I made WritingLaw. And I hereby direct that you be tried by this Court or by the said Court on the said charge. And I hereby direct that you be tried by this Court on the said charge. Atleast the discussion openly of it, hence, the awareness remains dismal.

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IPC Section 375

indian penal code for rape

Criminal Procedure Code amendments have made all rape trials compulsorily in-camera where only those directly connected are allowed and where it is obligatory to protect the identity of the victim. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc:Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subject to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation 1 Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section. Although each consent involves a submission, the converse does not follow and a mere act of submission does not involve consent. A is liable to imprisonment of either description for seven years, and also to fine.

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Offences Against Women Under the IPC

indian penal code for rape

A knowingly disobeys the order, and thereby causes danger of riot. Consent known to be given under fear or misconception:A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or Consent of insane person. Since there was consent on the part of the prosecutrix for sexual connection, the accused persons are not liable for rape. History There was no criminal law in uncivilized society. A has committed criminal breach of trust.


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The law on rape

indian penal code for rape

Assisting in concealment of stolen property:Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both. Illustrations a A cheats by pretending to be a certain rich banker of the same name. And I hereby direct that you be tried by this Court or the said Court on the said charge. . Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc:Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Sexual Intercourse not amounting to rape were added. A draws out a pistol.


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Definition of rape in Indian Penal Code: It is required some changes !

indian penal code for rape

Now army officer is no more, but his family facing so many problem in society. The trouble is, it has been accepted that a marital relationship is practically sacrosanct. Of the leading codes of Ancient India, the Code of Manu is the complete digest dealing with law, religion, custom, and usages then prevalent; assault, battery, defamation, theft, robbery, gambling and cheating, trespass were the main offences of that time and the punishment prescribed for them was based on scientific principles and the highest prescribed punishment was the death sentence. In State of Punjab vs. I; to Pondicherry by Regn. Public servant unlawfully buying or bidding for property:Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.

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Why isn't marital rape punishable under the Indian Penal Code?

indian penal code for rape

Penetration here means that only a slightest of the touch of penis to vagina amounts to rape, unruptured hymen of woman does not prove that rape was not committed. Consent accorded under a misconception that the person is husband of the woman is not a valid consent: Consent given by a woman to a person for intercourse believing the person to be her husband whereas in fact, he is not her husband, is no consent in law. Fraudulent use of false weight or measure:Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. He said that there was not express consent but it was implied because Mathura raised no alarm, there was no tearing of clothes, no semen on clothes, no cry for help etc, he again said if there had not been any consent, there would have been at least a cry for help. Which are not specially directed at them, there are designated as crimes against women, which are directed specifically against them and are detailed herein. Here the ring is in Z's possession, and if A dishonestly removes it, A commits theft. A is thus prevented from proceeding in any direction beyond the circumscribing line of wall.

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IPC 375: Section 375 of the Indian Penal Code

indian penal code for rape

Illustration A, in good faith, for his child's benefit without his child's consent, has his child cut for the stone by a surgeon, knowing it to be likely that the operation will cause the child's death, but not intending to cause the child's death. In this era of globalization there is an urgent need to motion our Criminal Justice System of India in maintaining law and order situation of the country that one should feel safe and secure. Voluntarily causing hurt by dangerous weapons or means:Whoever, except in the case provided for by Section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. However the High Court in appeal reduced the sentence to seven years and the appellant went in appeal against his conviction. Forfeiture of property, in respect of offenders punishable with death, transportation or imprisonment:Repealed by S. Economic independence, a dream for many Indian women still is an undeniably important factor for being heard and respected.

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Offences Against Women Under the IPC

indian penal code for rape

I m lower middle class family and not earning so much. And I hereby direct that you be tried by this Court on the said charge. In order to enforce this obligation a new section 229-A is being inserted in the Indian Penal Code to Prescrible punishment for those who fail to do so. And I hereby direct that you be tried by this Court on the said charge. Except in certain aggravated situation the punishment will be imprisonment not less than seven years but which may extend to imprisonment for life, and shall also be liable to fine. Sexual offence act, 2003 states as follows:- Rape 1 A person A commits an offence if- a he intentionally penetrates the vagina, anus or mouth of another person B with his penis, b B does not consent to the penetration, and c A does not reasonably believe that B consents.

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