The crime of rape has shaken the whole of India and this crime is being seen as an epidemic for our society. Many efforts are being made to stop this crime through state and Indian legislation. here in our society The crime of rape has come as a stigma, Efforts are being made to prevent rape in different social places. It is not only adult women who are suffering from a crime like rape, but even baby girls are getting harassed by a serious crime like rape. Convicted milk-mouthed girls are also being raped and murdered. A few days ago a one year old girl was raped and after the rape that girl is also murdered.
Mr. Wise Gautam Vs. Shubhra Chakraborty AIR 1996 SC 922 In the case of the Supreme Court, it is held that the offense of rape is a crime against human rights. This infringes on the right to survive. If a teacher marries his female disciple in front of God and has sexual intercourse with her and then causes abortion and later refuses to accept her as his wife, then it is abominable act. The Supreme Court has taken this matter very seriously and till the time of considering the case, an order is given to get ₹ 1000 as compensation from the teacher.
There are two sections in the Indian Penal Code regarding the offense of rape. Stream 375 and section 376
- Indian The section of the penal code deals with the definition of rape. This section clearly tells about rape.
- Rape is a crime in which the consent of the woman to sexual intercourse is questioned. The definition of sexual intercourse is also given under this section. The penetration of the penis into the vagina at any time was considered sexual intercourse, but this definition has changed over time.
- In 2013, amendments 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 –
- enters at any stage his penis into the vagina, mouth, urinary tract or anus of a woman or causes her to do so to any other person, or
- any such object into the vagina, urinary tract, or anus of a woman, which to any extent, inserts any part of the body which is not a penis, 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 the vagina, anus, urinary tract of any woman, or causes her to do so with any other person, or
- Puts his mouth on a woman’s vagina, anus, urinary tract or makes her do so with himself or any other person.
- Whoever commits such an act subject to seven problems, which are described under Section 375 of the Penal Code, is considered to have committed rape.
From the definition of sexual intercourse in the article mentioned above, it is submitted that the definition of sexual intercourse within the penal code is greatly broadened in favor of women and putting the mouth or finger on the vagina will also amount to rape and such It is not only a crime to have sex, but to have such sex is also a crime.
Those seven problems are as follows –
- First – against the wishes of that woman.
- Second – without the consent of that woman.
- Third – 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 hurt.
- Fourthly, with the consent of the woman, when the man knows that he is not her husband and has given the consent by reason of her believing that there is another man with whom she is lawfully married or believes to be married .
- Fifthly – With the consent of the woman when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or by the man personally given any anesthetic or unhealthy substance through any other means, the matter of which she consents , unable to understand the nature and consequences.
- Sixth- With or without the consent of the woman when she is less than 18 years of age.
- Seventh – When the woman is unable to communicate the consent.
The offense of rape is said to be committed when one of these seven problems has sexual intercourse with a woman within the definition of sexual intercourse described above.
The definition of the crime of rape is very broad because not only does not consent to be considered a crime, but also the way in which this consent is given. If this consent is taken by intimidation, by intimidation, by giving drugs and by promising to be a husband or from a woman of unsound mind or from a woman who is unable to give consent, then such consent is called rape.
Sexual intercourse with a minor woman who is not 18 years old is also considered rape. Even if the woman had consented to having sex, she had given such consent in clear words. Notwithstanding such consent, a person shall be deemed to be guilty of rape if that person has sexual intercourse with any woman who is under the age of 18 years.
in this case Lalta Prasad Vs State of Madhya Pradesh AIR 1997 SC 1276 of this type. There was no evidence that the woman was under 16 years of age, had sexual intercourse with her without her consent, so it was held that the man was not guilty of rape.
What can be the evidence (evidence) in the crime of rape?
There is a lack of direct witness in the crime of rape. The court has to be very careful about the evidence in the case of rape and has to evaluate, investigate the case only through careful consideration. The presence of marks of injury on the private parts of a woman afflicted by rape, blood stains on her clothes or reporting of the matter to her parents immediately after the case are some of the actual incidents which may constitute the offense of rape. Therefore, it is necessary to keep these real events in mind while making decisions.
Bhupendra Sharma Vs State of Himachal Pradesh It has also been determined through the Supreme Court in the case of rape that in cases of rape, the evidence of the victim of rape can be obtained, she should not be well nurtured.
likewise Sudhanshu Shekhar Sahu Vs State of Orissa AIR 2003 AC 4684 In the case of the Supreme Court, it is told that a person can be convicted only on the evidence of the rape victim, but he is safe and trustworthy.
In rape cases, prima facie first information report is expected to be filed immediately but this is not a strict law. For some reason, it may be hanging, blaming the case on the ground of delay alone does not make the case of the party credible.
about this Dildar Singh Vs State of Punjab It’s a good case. In this, a female disciple was raped by a teacher in her admission. That female disciple did not tell this to anyone out of fear, but when she came to know that she had become pregnant, after 3 months she was forced to tell the whole matter to her mother. Thus, after three months, the first information report was filed, which the Supreme Court considered pardonable. A rape FIR can be delayed for any reason and the Court may consider such a valid reason and the delay can be ignored.
Know things related to rape of wife
Very soon a case like rape of wife has also emerged in many cases. In many cases, the Supreme Court has also upheld the filing of FIR for rape through the wife, but in later cases it was reversed.
In the second imputation of section 375, it is said that any woman who is the wife of a man. If there is sexual intercourse with her through her husband or any other sexual process is done then in such a problem that woman cannot file a case of rape.
If she is less than 15 years of age, then she can file a case of rape in such a problem and if there has been sexual intercourse with a woman who is less than 15 years of age, and if there is any of the following seven problems, then Rape becomes a crime.
the person of rape will be only male
The first word male is used under section 375 of the Indian Penal Code. After that a crime like rape is described under the whole section. This crime is also called rape.
In no problem is the woman the main accused of rape in a crime like rape. The hair of rape on a woman cannot be run by making a man harassed because the word man is used at the very beginning of the definition of rape.
In this article we have told you Definition of rape and has given detailed information about section 375 If you have any question related to this article, then you can ask through comment, we will respect your response.