IPC Section 375: Rape

A man is said to commit “rape” if he—

1. penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
2. inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
3. manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
4. applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:

1. Against her will.
2. Without her consent.
3. 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.
4. 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.
5. With her consent when, at the time of giving such consent, by reason 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.
6. With or without her consent, when she is under eighteen years of age.
7. When she is unable to communicate consent.

Explanations

1. For the purposes of this section, “vagina” shall also include labia majora.
2. Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act;

Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Exceptions

1. A medical procedure or intervention shall not constitute rape.
2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

¹ Criminal Law (Amendment) Act, 2013

IPC Section 375: Simplified Explanation

IPC Section 375 of the Indian Penal Code defines the offence of “rape.” This section outlines the circumstances under which a sexual act is considered rape. It specifies that a man commits rape if he has sexual intercourse with a woman under circumstances falling under any of the following six descriptions, without her consent or with consent obtained under certain coercive circumstances. 

Key elements of this section include: 

1. Against Her Will: Sexual intercourse is against the woman’s will. 

2. Without Her Consent: Sexual intercourse is without the woman’s consent. 

3. Consent Obtained Under Fear or Misunderstanding: The consent is obtained by putting her or any person she is interested in in fear of death or hurt, or consent is given under a misconception of fact. 

4. Consent of Insane Woman: The woman is of unsound mind, intoxicated, or unable to understand the nature and consequences of the act to which she consents. 

5. Underage Consent: The woman is under eighteen years of age (even if she consents, it is considered rape under Indian law). 

6. Custodial Consent: This occurs when the man is in a position of trust or authority over the woman or when the woman is in a custodial environment. 

Is IPC Section 375 Bailable? 

Offences under IPC Section 375 are non-bailable. Given the severe nature of the offence, which involves serious violations of bodily autonomy and dignity, the accused must appear before a court to seek bail. 

IPC Section 375 Punishment 

The Punishment under IPC Section 375 for rape includes: 

• Imprisonment: Rigorous imprisonment for a term not less than seven years, which may extend to imprisonment for life and, in some cases, even the death penalty. 
• Fine: The court may also impose a fine in addition to imprisonment. 

The stringent Punishment reflects the seriousness of the offence and the intent to deter such acts and protect women’s rights and safety. 

Example of IPC Section 375 

A real-life example of IPC Section 375 involved the Nirbhaya case, a landmark in Indian legal history. In December 2012, a young woman was brutally raped and assaulted on a moving bus in New Delhi by multiple men. The severity of the assault led to her death. The accused were arrested and charged under IPC Section 375, among other sections. The case led to widespread protests and eventually to significant amendments in the Indian rape laws, making them stricter. The accused were found guilty and received the highest Punishment permissible under the law, including the death penalty for some. This case highlighted the urgent need for legal reforms and increased protection for women against sexual violence. 

In another instance, a woman was raped by an acquaintance who promised to marry her. The man exploited her trust, and when she became pregnant, he refused to acknowledge the relationship or the promises made. The woman filed a case, and the man was charged under IPC Section 375 because the consent was obtained under false pretences, leading to a conviction and a substantial prison term. This case emphasised that consent obtained through deception related to marriage can fall under the ambit of rape.