Law against Sexual Offenses

Law against Sexual Offenses – Section 375-Rape

A man is said to have committed the offense of rape when he has sexual intercourse with a woman under any of the following circumstances:-

  • When he has sexual intercourse without her consent.
  • When it is against her will
  • When it with her consent and that consent is obtained by putting her or any other person she loves or is interested in fear of death or hurt.
  • When it is with her consent –when she actually believes that it is her husband but it is not her husband.When it is with her consent but during that time she was not in the proper state of mind to give consent due to intoxication, drunkenness or she was administered any substance that would make her instable or lose consciousness.
  • With or without her consent but the female is under 16 years of age

(Penetration is sufficient to constitute rape).

Section 376(1) deals with the punishment of rape. Whoever commits the offense of rape shall be punished for not less than 7 years which may extend up to 10 years of rigorous imprisonment or a life sentence depending on the case.If the victim raped is the wife of a man and is not under 12 years he may be punished for a term of 2 years or a fine or both jail and fine.

According to Section 376 A :-Whoever has sexual intercourse with his wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

We should understand one thing indecent assault is not attempt to rape but falls under other offenses. This of course depends on the nature of the act committed.

Rape is not just an offense against one woman but against all mankind demeaning the very right to a life of dignity –taking away the right of a woman …killing her very soul.

But what about offenses that are not rape-but still irks every woman like passing comments, disturbing her in the bus,lewd statements etc.

Some of them fall under section 294-obscene act-these are of course minor offenses in law-punishment which may extend up to 3 months, or fine or both.

It is the duty of every fellow citizen especially men to protect women-make sure that her right to a life of dignity is not violated.

Know the law….protect yourself and your loved ones.

Adv Kiran T K

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