#section 375 ipc

[teamattorneylex]

RIT Foundation vs Union of India (2022 SCC Online Del 1404)

This Case Summary is written by C. Risinath & S.Kanimozhi, fourth-year law students at The Tamilnadu DR. Ambedkar Law University, Chennai. BACKGROUND RIT Foundation v. Union of India is a case where a series of petitions demanding the need to criminalize marital rape is currently being heard by a bench of the Delhi High Court. The case was filed by RIT Foundation, All India Democratic Women’s…

[legalwires]

Consent of a Child under Section 27 of Bhartiya Nyaya Sanhita, 2023

Introduction In India, a child is defined as a person below 18 years, as per the Indian Majority Act, 1875, aligning with the UNCRC. The capacity of a child to consent is crucial in various legal contexts. Under the Indian Penal Code (IPC), 1860, Section 375 states that any sexual activity with a girl below 18 is considered rape, regardless of consent, and the POCSO Act, 2012, prohibits child…

[poshadvo]

The POSH (Prevention of Sexual Harassment) Act 2013 and the existing sections of the Indian Penal Code (IPC) Relationship.

The POSH (Prevention of Sexual Harassment) Act 2013 and the existing sections of the Indian Penal Code (IPC) dealing with sexual harassment serve different puroses and have different legal frameworks. Here's a comparative overview of the two:

Purpose and Scope: • POSH Act 2013: This Act is specifically designed to address and prevent sexual harassment at workplaces. It defines sexual harassment, mandates the establishment of Internal Complaints Committees (ICCs) in organizations, and provides a structured process for filing and resolving complaints within the workplace. • IPC Sections on Sexual Harassment: The IPC contains various sections that deal with sexual offenses, but they are not specific to workplace harassment. These sections cover a wider range of sexual offenses, including rape (Section 375), outraging the modesty of a woman (Section 354), and others. These sections are applicable in general, non-workplace settings

Applicability: • POSH Act 2013: Applicable exclusively to workplaces, including both public and private sectors, and covers employees, interns, and volunteers. • IPC Sections: The IPC sections dealing with sexual offenses are applicable across all settings, not just workplaces. They apply to offenses committed in public spaces, private spaces, or anywhere else.

Offenses: • POSH Act 2013: Focuses on sexual harassment in the workplace, which includes unwelcome physical contact, verbal or written advances, creating a hostile work environment, and more. • IPC Sections: Cover a broader range of sexual offenses, such as rape, molestation, and outraging the modesty of a woman, which are not limited to workplace scenarios.

Authorities and Procedures: • POSH Act 2013: Establishes Internal Complaints Committees (ICCs) within organizations to investigate and resolve complaints. It provides a structured procedure for filing and handling complaints within the workplace. • IPC Sections: Cases under the IPC are typically filed with the police, and the legal process involves the criminal justice system, including investigation, trial, and potential punishment by the courts.

Penalties and Punishments: • POSH Act 2013: Penalties under the POSH Act primarily focus on organizational non-compliance and can include fines or the possibility of cancellation of licenses or registrations of organizations. Punishments for individuals found guilty of sexual harassment vary but may include warnings, termination, or legal action. • IPC Sections: Penalties and punishments under the IPC are more severe and may include imprisonment, depending on the specific offense and its severity. In summary, the POSH Act 2013 and the IPC sections dealing with sexual harassment serve different purposes and have distinct scopes. The POSH Act is specifically tailored to address sexual harassment within the workplace, while the IPC sections cover a wider range of sexual offenses applicable in various settings. It's important to note that the IPC sections can also be invoked in cases of sexual harassment, but the POSH Act provides a dedicated framework for addressing workplace-specific incidents.

[the-social-truth]

Is India’s Legal System Blind to Marital Rape

Even though we have strict laws in place for the protection of women, our legal system is still lax when it comes to marital rape. As a result, India is among the last 36 countries that have not yet criminalized this form of violence within marriage. Without a doubt, marital rape violates women’s fundamental rights, particularly those guaranteed by Articles 14, 15, and 21 of the Indian…

Even though we have strict laws in place for the protection of women, our legal system is still lax when it comes to marital rape. As a result, India is among the last 36 countries that have not yet criminalized this form of violence within marriage.

Without a doubt, marital rape violates women's fundamental rights, particularly those guaranteed by Articles 14, 15, and 21 of the Indian Constitution. The constitutionality of the immunity clause for marital rape has been questioned in a number of petitions against marital rape that have been brought in the High Court recently, but the matter has not yet been settled. This suggests that legislators might not be too concerned about marital rape because they have other things on their minds….

[dailymailsky]

Physical relationship with minor not rape if she is wife: Delhi High Court

The Delhi High Court said this while upholding a trial court's judgement which declared a man not guilty of raping his 15-year-old wife.

NEW DELHI: The Delhi High Court has refused to entertain the State’s appeal against a man’s acquittal in a case of raping his 15-year-old wife, saying his physical relationship with her cannot be termed as rape.

The high court upheld a trial court’s judgement which had declared the Muslim man not guilty of raping his second wife, saying he has been rightly acquitted.

“The additional sessions judge had rightly observed that in view of the testimony of the child that she got married to the respondent (man) in the month of December 2014 and only thereafter did they have a physical relationship, no offence under Section 6 read with Section 5(1) of POCSO Act was made out and the respondent was rightly acquitted,” a bench of Justices Suresh Kumar Kait and Neena Bansal Krishna said.

The high court said there was no ground for grant of leave to appeal against the trial court’s verdict and dismissed an application filed by the police.

“We find that since the child victim was the wife who was almost fifteen years of age, the physical relationship of the respondent with the victim, cannot be termed as rape. The respondent has been rightly acquitted,” the bench said.

Under the exception given in Section 375 (rape) of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being under 15 years, is not rape.

According to the prosecution, a rape case was lodged against the man in 2015 on the complaint of the girl’s mother after finding out that her minor daughter was pregnant.

The girl, in her testimony before the trial court, submitted that the man who was her brother-in-law had married her in December 2014 after which he established physical relations with her with her consent and she became pregnant.

She said the fact that she had got married to the man was not known to her mother, who lodged a complaint with the police upon discovering that she was pregnant.

[legalupanishad]

The Bharatiya Nyaya Sanhita(BNS) Bill, 2023: Brief Overview

This article on 'The Bharatiya Nyaya Sanhita (BNS) Bill, 2023: A Brief Overview' was written by Toya Sen, an intern at Legal Upanishad.

Introduction

On August 11, 2023, the Home Minister of India, Amit Shah, introduced three bills in the esteemed House of Lok Sabha. This is a momentous and pivotal step in India’s existing Criminal Justice System as it aims to revamp and replace the colonial laws, namely the Indian Penal Code, The Code of Criminal Procedure, and The Indian Evidence Act, which have been in place since British Rule. The Indian Penal Code is set to be replaced by The Bharatiya Nyaya Sanhita, while The Code of Criminal Procedure will be replaced by the Bharatiya Nagarik Suraksha Sanhita. Additionally, the Indian Evidence Act will be substituted with the Bharatiya Sakshya Bill. This article will explore the Bharatiya Nyaya Sanhita (BNS) Bill and its impact on current criminal laws, highlighting the significant changes it has introduced.

Background

In the year 2020, the Ministry of Home Affairs set up a committee led by Dr. Ranbir Singh, who was the former vice-chancellor of the National Law University Delhi (NLUD), to review the three codes of criminal law that govern the criminal justice system in India. The committee aimed to suggest changes to the criminal laws of the country in a principled, effective, and efficient way that prioritizes the safety and security of individuals, communities, and the nation. They also aimed to uphold constitutional values such as justice, dignity, and the inherent worth of every individual. In February, the committee submitted its recommendations.

The Indian Penal Code (IPC)

As of recently, the Indian Penal Code is the certified code for India, encompassing all areas of criminal law. Its existence can be traced back to the 19th century, when it was first drafted by the First Law Commission, chaired by Thomas Babington Macaulay. In 1837, the initial version of the code was introduced to the Governor-General in Council, but due to various revisions and amendments, it took more than two decades for the criminal code to be enacted. The drafting was finally completed in 1850 and was presented before the Legislative Council in 1856, but because of the Indian Revolt of 1857, it was further delayed in being added to the statute book of British India. On January 1st, 1860, the Indian Penal Code was put into effect after undergoing various revisions and amendments made by Barnes Peacock, who later became the first Chief Justice of the Calcutta High Court. The IPC is divided into 23 chapters and has 511 sections in total.

Salient Features of the Bharatiya Nyaya Sanhita (BNS) Bill, 2023

The Bharatiya Nyaya Sanhita Bill, 2023, aims to replace the Indian Penal Code (IPC), which has been in effect since British Rule in India. This new Bill proposes several modifications to the current criminal laws in the country, including those related to sedition, defamation, offenses against women, and attempted suicide. Unlike the IPC, which has 511 Sections, the BNS Bill contains 356 provisions. According to government officials, this new bill aims at effectively addressing crimes and criminals as well as serving as a deterrent. The legislation has a victim-centric approach, which was lacking in the 160-year-old IPC. The officials have also remarked that the IPC was designed to prioritize British Rule rather than protect human rights. One of the key examples of this would be laws relating to sedition. To address the issue of sedition, which has been used and misused by governments, the bill will seek to erase the sections completely from the new criminal code. The new law aims to clearly define serious crimes and establish effective methods for dealing with offenders. Priority has been given to crimes such as murder, offenses against women and children, and offenses against the State. To simplify and streamline the law, Section 375 (rape) has been renumbered as Section 63, while Section 300, which defines murder, will now be Section 99. Definitions that were previously scattered throughout Sections 6 to 52 have been consolidated into one Section. The sections that were overlapping have been combined and made more straightforward, resulting in a total of 356 sections, down from the existing IPC's 511 sections. Contact Us and avail the best assignment help for students available online! Key Highlights: Here are some key points from the bill aimed at tackling problems related to the IPC. Prevention of crime against women: This bill directs the government that proper investigation of a case is the top priority of any government. Situations or cases wherein a woman is subjected to the false promise of marriage, gang rape of minors, mob lynching, and chain snatching have been reported, but the previous code did not define the provisions to deal with these crimes. Therefore, in cases of a false promise of marriage, where a woman is being abandoned by her partner after establishing sexual relations, Section 69 of the BNS bill will be able to define this offense. Also, it has been said that the punishment for the two types of gangrape is to be merged and that the punishment for gangrape of a woman under the age of 18 would be life imprisonment or death. Mob lynching, Section 101(2): Due to extensive media coverage of mob lynching cases rising in the country, the new bill has defined the punishment for these instances from seven years imprisonment to life imprisonment or the death penalty. Child trafficking: The new BNS Bill proposes that any girl under 21 years of age and any boy under the age of 18 that is being trafficked into India from any other country outside India with the intention to force or seduce them into illicit sexual acts will be punished with imprisonment up to 10 years. Currently, there are no laws that govern or hold a person accountable for the aforementioned acts. The bill would include a new section that criminalizes the act of hiring, employing, or engaging a minor to commit these acts. Both girls and boys are trafficked to be exploited sexually. The word ‘minor girl’ would be substituted with the word ‘child’ to cover both males and females. Acts of terrorism: This section pertains to any actions that aim to jeopardize the unity, integrity, and security of India, intimidate the general public, or disturb public peace and order by utilizing a variety of deadly weapons and other hazardous substances. Additionally, any act listed in the second schedule of the Unlawful Activities (Prevention) Act as a terrorist act is also considered under this section. Anyone involved, either directly or indirectly, in such acts will be considered a terrorist. Removing sedition from criminal law: Moreover, if an organization is owned or managed by a person or group involved in terrorism, that organization will be deemed a terrorist entity as well. If a terrorist act results in someone's death, the punishment can include the death penalty or life imprisonment along with a minimum fine of ten lakh rupees. In other cases, the minimum punishment is five years of imprisonment, which can be increased to life imprisonment. The section also prescribes a minimum punishment of five years imprisonment, which can be extended to life imprisonment, for those preparing for a terrorist act.

Removing sedition from criminal law

The existing act of sedition, which is a criminal offense under Section 124A of the IPC, has been set out to be erased from the new bill. Officials, however, have said that any act of secession, armed rebellion, separatist activities, or acts that harm the sovereignty, unity, or integrity of India will be punishable by law under Section 150. The act will be punishable with imprisonment up to seven years or life imprisonment, and it will also be liable for a fine.

Conclusion 

In a historic stride towards modernising India's Criminal Justice System, the Bharatiya Nyaya Sanhita (BNS) Bill of 2023 promises to replace outdated colonial-era laws. Crafted with a victim-centric approach, the BNS Bill addresses issues ranging from crimes against women to terrorism. By streamlining and clarifying laws, this legislation is set to enhance the efficiency and effectiveness of the criminal justice process. This significant reform underscores the nation's commitment to safeguarding constitutional values and ensuring a safer, fairer, and more secure society for all.

References:

"Bharatiya Nyaya Sanhita Bill, 2023 – Background, Objectives, Provisions", Vajiram & Ravi: IAS Study Center, 12 August 2023, available at: https://vajiramias.com/article/bharatiya-nyaya-sanhita-bill-2023-background-objectives-provisions/64d731cc6c1bdb05a3de5ab0/ "Explained: Key provisions of Bharatiya Nyaya Sanhita bill 2023, expected to replace Indian Penal Code", CNBC TV 18, 11 August 2023, available at: https://www.cnbctv18.com/politics/explained-key-provisions-of-bharatiya-nyaya-sanhita-bill-2023-expected-to-replace-indian-penal-code-17507431.htm Read the full article

[soolegal]

Rape on woman's dead body not offence under Section 375 IPC; high time Central government makes necrophilia an offence: Karnataka High Court

For further information, refer to this News Report By SoOLEGAL .

[philophi9999]

Watch "Date Rape and Rape Laws in India: Understanding | StudyIQ Judiciary | Section 375 IPC Explained" on YouTube

ANAA BADAM ...NIKAAL DUNGAA

[hi-avathisside]

According to the single-judge bench led by Justice Gurpal Singh Ahluwalia, if a husband engages in non-consensual anal intercourse with his wife, it does not constitute rape as long as the wife was not below age of 15.

"In view of the amended definition of 'rape' under Section 375 of IPC by which the insertion of penis in the anus of a woman has also been included in the definition of 'rape' and any sexual intercourse or sexual act by the husband with her wife not below the age of fifteen years is not a rape, then under these circumstances, absence of consent of wife for unnatural act loses its importance.

Marital rape has not been recognised so far," the High Court said.

Justice GS Ahluwalia further said that since unnatural sex by a husband with his "legally wedded wife residing with him" is not an offence under Section 377 of the IPC, "no further deliberations are required as to whether FIR was lodged on the basis of frivolous allegations or not".

Another article states that,

Section 375 of the Indian Penal Code (IPC) says that rape includes all kinds of sexual assault involving "nonconsensual" intercourse with a woman. However, as per the "Exception 2 to Section 375 IPC", sexual intercourse between married couples wherein the wife's age is above 15 years does not constitute "rape" thus preventing such acts from prosecution.

"This court is of the considered opinion that after having come to a conclusion that the act of unnatural sex by a husband with his legally wedded wife residing with him is not an offence under Section 377 of IPC, no further deliberations are required as to whether FIR was lodged on the basis of frivolous allegations or not," a single bench of HC comprising Justice G S Ahluwalia observed.

Any sexual activity or sexual intercourse done without the clear consent of both the parties should be considered rape. It should not be dependent on things like whether the intercourse was natural or unnatural, whether the wife lives with the husband or not or whether she is above 15 or not. Anything done without consent is rape. Marital rape is rape.

One of the best constitutions in the world! Taking rights away from women like it's nothing

[tfgadgets]

Marital rape: What are the legal issues in consideration before the Supreme Court?

A three-judge Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud is slated to hear a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC). The challenge also extends, by implication, to Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023, which supersedes the former provision. These provisions…

[thegardendreamer]

Section 375 movie

Section 375 movie

Akshaye Khanna, Richa Chadha deliver a brave film that raises questions

Section 375 of Indian Penal Code (IPC), effortlessly manages to register its presence in the minds of people. Directed by Ajay Bahl with actors Akshaye Khanna and Richa Chadha in pivotal roles, it’s surely a brave and relevant film that tackles a rather complex issue — of laws made to protect women, and the very same laws being misused by women for their vested interest. The way narrative switches from one person’s point of view to another’s, presents both sides of the story.

We’re not in the business of justice, we’re in the business of law’, ‘Law is not justice. It’s a tool to get there’, ‘Never fall in love with the law, it’s a jealous mistress’ and ‘Justice is abstract.

[legalupanishad]

Rape on Dead Body: Karnataka High Court Ruling

This article on 'Rape on Dead Body: Karnataka High Court Ruling' was written by Mohammed Zaid Alam, an intern at Legal Upanishad.

Introduction

In India, the act of rape on dead body is considered a criminal offense. The specific provision that deals with this offense is Section 377 of the Indian Penal Code (IPC). However, it's important to note that Section 377 has been primarily used to address unnatural sexual acts and does not explicitly mention the offense of rape on a dead body. The punishment for the act of rape on dead body may be determined by interpreting relevant provisions of the IPC and legal principles established through judicial decisions. In a recent ruling, the Karnataka High Court stated that engaging in rape on dead body does not fall under the offense of rape as defined by Section 376 of the Indian Penal Code (IPC). According to the court, there is currently no provision within the IPC that specifically addresses this act. The article discusses a recent ruling by the Karnataka High Court stating that engaging in rape on dead body does not fall under the offense of rape as defined by Section 376 of the Indian Penal Code (IPC). The court noted that there is currently no specific provision in the IPC to address this act. The article also mentions the facts and laws related to the recent ruling.

The case before the Karnataka High Court

In a case that occurred on June 25, 2015, a 21-year-old woman was attacked while returning home from her computer class. The accused, Rangaraju, forcefully held her, gagged her, and took her to a nearby bush. He then proceeded to slit her throat, resulting in her death. This act is punishable under Section 302 of the Indian Penal Code (IPC). After the police registered a case, they obtained a statement from the accused, and a charge sheet was filed. The matter was sent to the sessions judge, who framed charges against the accused for murder and rape under Sections 302 and 376 of the IPC, respectively. After examining the evidence, the session's judge found that the prosecution had successfully proven the accused's guilt beyond a reasonable doubt for both the murder and the subsequent act of "raping" the victim's body. The accused was sentenced to rigorous life imprisonment and ordered to pay a fine of Rs. 50,000 for the murder. Additionally, he was given another 10 years of rigorous imprisonment and a fine of Rs. 25,000 for the offense of raping the victim's dead body. Subsequently, an appeal was filed before the Karnataka High Court.

The ruling by the High Court

The Karnataka High Court upheld the trial court's decision to convict the accused and sentenced him to life imprisonment for murder under Section 302 of the IPC. However, the high court acquitted him under Section 376 for the act of "raping" the victim's dead body, stating that the IPC does not provide for punishment in such cases. The court acknowledged that the accused engaged in rape on dead body but questioned whether it would constitute an offense under Sections 375 (rape) and 377 (unnatural offenses) of the IPC. Upon careful examination of Sections 375 and 377, the court concluded that the dead body cannot be considered a human or a person. Consequently, the provisions of Section 375 or 377 would not apply. The court clarified that no offense punishable under Section 376 had occurred and described the act as necrophilia, which is sexual attraction towards corpses. Referring to Section 46 of the IPC, the court highlighted that "death" refers to the death of a human being. Thus, rape must involve a living person, not a dead body. The court emphasized that a dead body cannot provide consent, protest against rape, or experience fear or outrage. The court also relied on a 1989 Supreme Court ruling in the case of "Pt Parmanand Katara, Advocate vs Union of India," which emphasized the need to maintain and respect the dignity of a dead body. The ruling stated that Article 21 of the Constitution of India guarantees the right to dignity and fair treatment, which extends to a person's body even after death. Additionally, the court referred to a 2021 advisory by the National Human Rights Commission, which emphasized the prohibition of physical exploitation or discrimination in the treatment of dead bodies and emphasized the right to a decent and timely burial.

Rape on Dead Body: Karnataka High Court Ruling The Karnataka High Court emphasized the need for the central government to take prompt action and amend Section 377 of the Indian Penal Code (IPC) to explicitly address offenses involving necrophilia. Alternatively, the court suggested introducing a separate legal provision that specifically criminalizes necrophilia, prescribing a punishment of up to 10 years of imprisonment along with a fine. Furthermore, the court-mandated the installation of closed-circuit television (CCTV) cameras in morgues across Karnataka within six months. It directed the government to ensure hygiene, privacy, and the security of clinical records and information in these facilities. Additionally, the court emphasized the importance of sensitizing mortuary staff to handle such sensitive matters appropriately.

What is Necrophilia and its legal nature in India?

In the case of "Rangaraju @ Vajapeyi v. State of Karnataka," the Karnataka High Court acknowledged that necrophilia refers to a morbid fascination with death and the dead, specifically an erotic attraction to corpses. The court noted that necrophilia is classified as a psychosexual disorder, categorized under the DSM-IV as one of several paraphilias, which include sexual interests or behaviours that deviate from societal norms. Currently, the Indian Penal Code (IPC) does not explicitly mention necrophilia as a specific offense under sexual offenses. However, the court highlighted that it could potentially fall under Section 297 of the IPC, which deals with causing indignity to human corpses when trespassing into places for funeral rites or repositories for the remains of the dead. However, the court noted that Section 297 requires the act of causing indignity to be accompanied by an intention to wound feelings or insult religious sentiments. Additionally, the knowledge that someone's feelings are likely to be hurt or their religion insulted by such an act would constitute an offense under Section 297. The court observed that the present case did not fulfill the elements of Section 297, and therefore, the act could at most be considered sadism or necrophilia. It concluded that no offense was established under Section 376 of the IPC, which pertains to rape. The court also urged the central government to amend the law to address such acts.

Conclusion

In conclusion, the Karnataka High Court's ruling stated that engaging in sexual intercourse with a deceased person's body does not fall under the offense of rape as defined by Section 376 of the IPC. The court noted that there is currently no provision in the IPC to address this act. However, the court expressed the urgent need for the central government to amend the law to specifically address offenses related to necrophilia. The court recommended two potential approaches for addressing this issue. Firstly, it suggested amending Section 377 of the IPC to include provisions concerning necrophilia. Alternatively, the court proposed introducing a separate legal provision that specifically criminalizes necrophilia, with a recommended punishment of up to 10 years of imprisonment along with a fine. In addition to these legal recommendations, the court ordered the installation of CCTV cameras in morgues across Karnataka within six months. It also emphasized the importance of maintaining hygiene, privacy, and the security of clinical records and information in these facilities. Sensitizing mortuary staff to handle such sensitive situations with care and respect was another important aspect emphasized by the court. It is now up to the central government to consider these recommendations and take appropriate action to address the legal gaps and protect the dignity of the deceased.

References

- Sucheta, Government should either amend S. 377 IPC or bring in a new provision to make Necrophilia and sadism punishable with life imprisonment: Karnataka High Court, SCC Online, 1 June 2023, available at: https://www.scconline.com/blog/post/2023/06/01/karnataka-high-court-recommends-central-government-make-law-on-necrophilia-legal-news/ - Mustafa Plumber, Rape On Woman's Dead Body Will Not Attract Section 376 IPC: Karnataka High Court, LiveLaw, 31 May 2023, available at: https://www.livelaw.in/top-stories/karnataka-high-court-rape-dead-body-sexual-assault-acquittal-necrophilia-section-376-ipc-229822 - Sexual assault on a dead body is not rape, will not attract Section 376 IPC: Karnataka High Court, Livemint, 5 June 2023, availalble at: https://www.livemint.com/news/india/sexual-assault-on-a-dead-body-is-not-rape-will-not-attract-section-376-ipc-karnataka-high-court-11685962038511.html Read the full article

[youthagainstrape]

Grape- Grey Area Rape

Intercourse that isn't completely consensual but isn't sexual assault or simply unwanted copulation can be counted in the Grey area rape.

What do people think rape is?

A stranger wearing a scary mask and having a weapon attacks you in the night! As we think this is how rape looks like.

As per our television, media or movie show rape as a deed done by a stranger or a group of strangers in a completely dark place and sometimes also under the open sky.

Stranger danger scenario has been created in our minds.

Stranger danger!!

Attacks happen within the stranger scenarios but 93% of the rape cases registered in India are those in which the victim knows the accused by some relation. This attacker may be a family member, ex, current partner, office colleague, etc. We have got it all wrong. There is no stranger danger, the danger is from a guy you know or there is always a uni danger.

!!!! Twist: there is no grey area !!!!

A survey from 2005 says 33% of males admit a girl who flirts is partially responsible for rape. So the problem with consent is leading to grey area rape. It is now important to figure out that if an individual is flirting, laughing, or chilling out with you doesn't mean she wanted to have a sexual relationship with you.

Why do people think there is a grey area?

Maybe it is like that because I was drunk.

Maybe he didn't want to hurt me.

We've kissed before.

What if it's because I didn't fight back enough.

All these are common thoughts that create the concept of a grey area.

Between consensual and a stranger attack!

There are most of the offences like non-consensual sex is as much offensive as rape by a stranger. An assault that is done by anyone who you know is included in crime and as much punishable as done by a stranger. In England and Wales, approximately 85,000 women experience rape or attempt to rape every year which is included in the grey area but only 15% of the cases are registered. This number can be a lot bigger in India.

Sections dealing with the Grey area rape in India.

Section 375 and section 376 of IPC

Sexual intercourse with women against her will and consent by fraud or at a time when she is intoxicated or drugged is rape and any person doing this must be imprisoned with a minimum of 7 years and also he is liable to fine.

Be sensitive about what you speak. You may not be aware of it but there are people who are suffering or have suffered from this. It's the time to relearn about rape and to know that non-consensual sex is as horrible as rape.

It must be reported without any wavering.

[forensicfield]

MCQs on Forensic Law with answers

MCQs on Forensic Law with answers:

Dowry deaths are booked under which Section of Indian Law

(A) 320 IPC

(B) 304 A IPC

(C) 304 B IPC

(D) 375 IPC

Read More...

1. Dying declaration is to be preferably recorded by:

(A) Doctor

(B) Police

(C) Magistrate

(D) Jury Member

Answer: C

2. Murder cases are tried in the following courts:

(A) Chief Judicial Magistrate’s Court

(B) 1st Class Metropolitan Magistrate’s Court

(C) Sessions Court

(D) High Court

Answer: C

3. Police inquest is conducted under section:

(A) 174 CrPC

(B) 174 IPC

(C) 176 CrPC

(D)…