What is Section 375?
Section 375 of the Indian Penal Code defines rape as "Sexual intercourse with a woman, without her consent, against
her will, by coercion, misrepresentation, or fraud or at a time when she has been duped or intoxicated or is of unsound
mental health and in any case, if she is under 18 years of age."
It is rape if it falls under the given conditions:
1. Against her will.
2. Without her consent.
3. With her consent, if she is interested in fear of death or of hurt.
4. With her consent, when the man is not her husband. But the girl has given her consent because she believes that she is lawfully married to him.
5. When she doesn’t understand the consequences of the act for which she gives consent when she was intoxicated or in the state of unsound mind or any circumstances.
Exceptions to Section 375 of Indian Penal Code:
(1) If a woman doesn’t physically resist penetration.
(2) A medical intervention or procedure.
(3) Sexual intercourse by a man with his wife who is older than 18 years of age.
Punishment for rape under Section 376 of IPC
Whoever commits this crime will be punished with imprisonment for a term that shall not be less than 7 years. If in case a person is a medical officer, public officer, police offer, or a public servant might get imprisoned for at least 10 years if commits this crime. The punishment can also extend to imprisonment for his life, and shall also be liable to pay a fine.
Top Landmark Judgments on Section 375 IPC
2. Mukesh & Anr. Vs. State for NCT of Delhi & Ors.
3. Harpal Singh & others Vs. State of Himachal Pradesh.
4. Tulsidas Kanolkar Vs. The State of Goa.
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