Section 375 IPC


#Sec 375 #IPC defines the #offence of #Rape. For establishing the offence of rape as defined under IPC 375, it is necessary that the essential ingredients are present in the act committed.
First and the foremost is the consent. It is to be proved that the sexual intercourse was done by the man against the consent of the woman.
Secondly, the intention of the accused to commit rape.

As defined under #section 375 #Indian #Penal #Code, a person is said to commit rape if he:

Penetrates his penis, into the vagina, mouth, urethra, or anus of a woman or makes her do so with him or any other person; or
Inserts any object or a part of the body, into the vagina, the urethra or anus of a woman or makes her do so with him or any other person; or
Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus, or any other part of the body of such woman or makes her do so with him or any other person; or
Applies his mouth to the vagina, anus, urethra of a woman or makes her do so with him or any other person.

Also, it is clearly stated under sec 375 Indian Penal Code that the act to constitute rape must be committed by a man with a woman against her will and without her consent under any of the following seven conditions:

Against her will.
Without her consent
With consent obtained by putting her or any other person in whom she is interested under fear of death or of hurt.
With consent but given under the misconception of fact that the man was her husband.
Consent was given by reason of unsoundness of mind, or under influence of intoxication or any stupefying or unwholesome substance.
When the woman is under the eighteen with or without her consent.
When the woman is unable to communicate consent.

Also, explanations to this section are provided and exceptions when the act will not be considered rape.
A medical procedure or intervention does not lead to rape.
Sexual intercourse by a man with his own wife when she is not below 15 years of age is an exception to this section.



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