The crime of rape has shaken the whole of India and this crime is being seen as an epidemic in our society. Many efforts are being made to stop this crime through state and Indian legislation. In our society, the crime of rape has become a stigma, utmost efforts are being made to stop rape in different social places. Not only adult women are suffering from crimes like rape, but even infant girls are being troubled by serious crimes like rape. The culprits are also raping and killing lactating girls. A few days ago a one year old girl was raped and after the rape the girl was also murdered.
In the case of Shri Buddhi Gautam vs Shubhra Chakraborty AIR 1996 SC 922, it has been held by the Supreme Court that the crime of rape is a crime against human rights. This violates the right to survive. If a teacher marries his female disciple before God and has sexual intercourse with her and then gets her to have an abortion and later refuses to accept her as his wife, then this is an abominable act. The Supreme Court took this case very seriously and ordered that the teacher be given ₹ 1000 as compensation till the time of consideration of the case.
Can a person who is not an advocate plead a case in court?
375 and Section 376
section 375
- The section of the Indian Penal Code deals with the definition of rape. This section clearly explains about rape.
- Rape is a crime in which the woman’s consent to sexual intercourse is questioned. The definition of sexual intercourse is also given under this section. Any time the penis entered the vagina was considered sexual intercourse, but this definition has changed over time.
- In 2013, reforms have been made in the law under this section. Different definitions of sexual intercourse are given. Under Section 375 of the Indian Penal Code, sexual intercourse can take place in the following ways –
any man-
- Inserts his penis at any stage into the vagina, mouth, urethra or anus of a woman or causes her to do so with any other person or
- Inserts any object, or any part of the body, not being the penis, into the vagina, urethra or anus of a woman to any extent or causes her to do so with any other person, or
- manipulates any part of a woman’s body in such a way as to cause penetration into any part of a woman’s body such as vagina, anus or urethra or makes her do so with any other person or
- Puts his mouth on the vagina, anus, urinary tract of a woman or makes her do so with him or any other person.
- If anyone commits such an act subject to seven problems, which are described under Section 375 of the Penal Code, then it is considered that he has committed rape.
What should the client do if the lawyer does not give the papers?
From the definition of sexual intercourse in the above mentioned article, it is presented that the definition of sexual intercourse within the Penal Code is greatly expanded in favor of the woman and putting mouth or finger on the vagina will also be considered as rape and this type of Not only having sexual intercourse is a crime, but getting such sexual intercourse done is also a crime.
Those seven problems are as follows –
- First – against the wishes of that woman.
- Second- without the consent of that woman.
- Thirdly – With the consent of the woman, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or harm.
- Fourth – With the consent of the woman when the man knows that he is not her husband and she has given the consent because she believes that there is another man with whom she is legally married or believes to be married. .
- Fifthly – With the consent of the woman, when at the time of giving such consent, she is of unsound mind or drunk, or by reason of the person giving her any anesthetic or unwholesome substance personally or through someone else, about the matter to which she gives consent. , is unable to understand the nature and consequences.
- Sixth – With or without the woman’s consent when she is under 18 years of age.
- Seventh- When the woman is unable to communicate consent.
When one of these seven problems has sexual intercourse with a woman under the definition of sexual intercourse given above, then the crime of rape is said to be committed.
The definition of the crime of rape is very broad because not only the lack of consent is considered a crime, but the manner in which this consent is given is also considered a crime. If this consent is obtained by intimidation, threat, giving intoxicants and assurance of being her husband or from a woman of unsound mind or from a woman incapable of giving consent, then the sexual intercourse done with such consent is called rape.
About minor
Sex with a minor woman who is not 18 years old is also considered rape. Even if the woman had consented to sexual intercourse, she had given such consent in clear words. Even after such consent, the person will be considered guilty of rape if he has sexual intercourse with any woman under 18 years of age.
The following is the case Lalta Prasad vs State of Madhya Pradesh AIR 1997 SC 1276 . There was no evidence that the woman was under 16 years of age and sexual intercourse was done without her consent, so it was considered that the man was not guilty of rape.
What evidence can be there in the crime of rape?
There is a lack of direct witness in the crime of rape. The court has to be extremely careful about the evidence in a rape case and has to evaluate and investigate the case only through caution. Presence of injury marks on the private parts of a woman who has been raped, presence of blood stains on her clothes, or informing her parents about the matter immediately after the incident, are some of the actual events that lead to the crime of rape. Therefore, it is important to keep these actual events in mind while taking decisions.
In the case of Bhupendra Sharma vs. State of Himachal Pradesh, it has also been determined by the Supreme Court that in rape cases, evidence of the rape victim can be obtained, but she does not need to be properly examined.
यह भी पढ़ें: क्या है किशोर न्याय?
Why are lawyers not allowed to advertise their work?
Similarly, in the case of Sudhanshu Shekhar Sahu vs State of Orissa AIR 2003 AC 4684, it is told through the Supreme Court that a person can be convicted only on the evidence of the rape victim, but that Be safe and trustworthy.
FIR related to rape
In rape cases, a prima facie first information report is expected to be filed immediately, but this is not a strict law. It may be pending due to some reason and blaming the party only on the basis of delay cannot make the party’s case worthy of credibility.
Dildar Singh vs State of Punjab is a good case on this subject . In this, a female student was raped by a teacher in his admission. The female disciple did not tell this to anyone out of fear but when she came to know that she was pregnant, after 3 months she was forced to tell the whole matter to her mother. In this way, the first information report was filed after 3 months and the Supreme Court considered it worthy of condonation. There may be a delay in the FIR of rape for some reason and the court may consider such a valid reason and the delay may be ignored.
MP/MLA can practice law or not
Know things related to rape of wife
Recently, cases like rape of wife have also come to light in many cases. In many cases, the Supreme Court has considered the filing of rape FIR through the wife as valid, but in later cases it was reversed.
In the second section of Section 375, it is said that any woman who is the wife of a man. If she has sex with her through her husband or any other sexual process is done, then in such a problem the woman cannot file a rape case.
What is the difference between judgment, decree and order
If she is below 15 years of age, then in such a case she can file a case of rape and if sexual intercourse has been done with a woman above 15 years of age and if any of the following seven types of problems are present: Rape becomes a crime.
The person raped must be male only.
Under Section 375 of the Indian Penal Code, the first word used is male. After that, crimes like rape are described in the entire section. This crime is also called rape.
In any case, in a crime like rape, the main accused is not the woman. The case of rape on a woman cannot be carried out by making a man uncomfortable because the word man is used in the beginning of the definition of rape.
In this article, we have given you the definition of rape and detailed information about Section 375. If you have any questions related to this article, then you can ask through comments, we will respect your feedback.