Basic Concepts of Women's Studies: Rape, IPC 375 and 376 PDF

BASIC CONCEPTS OF WOMEN’S STUDIES (UNIT 4) RAPE: IPC 375 AND 376 Q1) WHAT IS RAPE? THE WORD RAPE IS DERIVED FROM THE LATIN TERM RAPIO, WHICH MEANS TO SEIZE. THUS, IT LITERALLY MEANS A FORCIBLE SEIZURE AND THAT IS THE ESSENTIAL CHARACTERIS...

BASIC CONCEPTS OF WOMEN’S STUDIES (UNIT 4) RAPE: IPC 375 AND 376 Q1) WHAT IS RAPE? THE WORD RAPE IS DERIVED FROM THE LATIN TERM RAPIO, WHICH MEANS TO SEIZE. THUS, IT LITERALLY MEANS A FORCIBLE SEIZURE AND THAT IS THE ESSENTIAL CHARACTERISTIC FEATURE OF THE OFFENSE. IN COMMON PARLANCE, IT MEANS INTERCOURSE WITH A WOMAN WITHOUT HER CONSENT BY FORCE, FEAR, OR FRAUD. IT IS THE RAVISHMENT OF A WOMAN WITHOUT CONSENT, BY FORCE, FEAR OR FRAUD, OR THE CARNAL KNOWLEDGE OF A WOMAN BY FORCE AGAINST HER WILL. SEXUAL INTERCOURSE WITH THE CONSENT OF A GIRL BELOW THE AGE OF SIXTEEN YEARS ALSO AMOUNTS TO RAPE ORDINARILY, RAPE IS A VIOLATION, WITH THE VIOLENCE OF THE PRIVATE PERSON OF A WOMAN AN OUTRAGE BY ALL CANONS. IT IS UNLAWFUL SEXUAL INTERCOURSE BY A MAN WITH HIS OWN WIFE BELOW THE AGE OF FIFTEEN OR WITH ANY GIRL BELOW THE AGE OF SIXTEEN, OR WITH ANY OTHER WOMAN ABOVE SIXTEEN WITHOUT HER FREE CONSENT, AGAINST HER WILL, OR WITH CONSENT OBTAINED UNDER CERTAIN UNLAWFUL CIRCUMSTANCES. RAPE IS NOT ONLY A CRIME AGAINST THE PERSON OF A WOMAN (VICTIM), IT IS A CRIME AGAINST THE ENTIRE SOCIETY. IT DESTROYS THE ENTIRE PSYCHOLOGY OF A WOMAN AND PUSHES HER INTO A DEEP EMOTIONAL CRISIS. RAPE IS, THEREFORE, THE MOST HATED CRIME. IT IS A CRIME AGAINST BASIC HUMAN RIGHTS AND IS ALSO VIOLATES THE VICTIMS MOST CHERISHED OF THE FUNDAMENTAL RIGHTS, NAMELY, THE RIGHT TO LIFE CONTAINED IN ARTICLE 21 OF THE CONSTITUTION Q2) WHAT IS SECTION 375 OF THE INDIAN PENAL CODE? SECTION 375 OF THE INDIAN PENAL CODE DEFINES RAPE AS "SEXUAL INTERCOURSE WITH A WOMAN AGAINST HER WILL, WITHOUT HER CONSENT, BY COERCION, MISREPRESENTATION, OR FRAUD OR AT A TIME WHEN SHE HAS BEEN INTOXICATED OR DUPED, OR IS OF UNSOUND MENTAL HEALTH AND IN ANY CASE, IF SHE IS UNDER 18 YEARS OF AGE.” SECTION 375 OF IPC TALKS ABOUT RAPE AND WHAT ACTIONS, IF DONE BY A MAN, CAN MAKE HIM LIABLE FOR PUNISHMENT UNDER SECTION 376 OF IPC. SECTION 375 WAS IN IPC FROM THE TIME OF THE ENACTMENT OF THIS STATUTE BUT ITS AMBIT HAS BEEN ENLARGED AFTER THE CRIMINAL LAW AMENDMENT OF 2013. EARLIER THE PENETRATION OF THE PENIS INTO THE VAGINA, URETHRA, ANUS, OR MOUTH OF A WOMAN WAS CONSIDERED RAPE. BUT NOW EVEN IF THE MAN INSERTS ANY OBJECT OR ANY OTHER PART OF THE BODY INTO THE VAGINA, URETHRA, ANUS, OR MOUTH OF A WOMAN, IT IS CONSIDERED RAPE Q3) IT IS RAPE IF IT FALLS UNDER FOLLOWING CATEGORIES AGAINST HER WILL WITHOUT HER CONSENT. 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.  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. WITH HER CONSENT, WHEN, AT THE TIME OF GIVING SUCH CONSENT, BECAUSE 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. WITH OR WITHOUT HER CONSENT, WHEN SHE IS UNDER SIXTEEN YEARS OF AGE.