IPC Section 375
Absolutely! Here’s a detailed explanation of IPC Section 375:
IPC Section 375: Rape
Definition under Section 375:
A man is said to commit rape if he, except in the case hereinafter excepted, has sexual intercourse with a woman under any of the following circumstances:
Against her will.
Without her consent.
With her consent, when her consent is obtained by putting her or any person in whom she is interested in fear of death or hurt.
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.
With her consent, when it is obtained by using force or intimidation.
With her consent, when she is of unsound mind.
With or without her consent, when she is under 18 years of age (The protection of minors).
Key Points:
The offender must be a man.
The victim must be a woman.
Sexual intercourse here means penetration, no matter how slight.
Consent must be free and voluntary. If consent is obtained through coercion, fear, fraud, or if the victim is a minor or mentally unsound, it is considered rape.
Exception:
Sexual intercourse by a man with his own wife, the wife not being under 18 years of age, is not considered rape (exceptional cases apply, for example, if the wife is below 18).
Punishment (under related Sections):
Section 376 deals with punishment for rape — imprisonment can be from 7 years to life imprisonment, along with fine.
The law has been amended multiple times to broaden the definition and enhance punishment.
Important:
The Protection of Children from Sexual Offences Act (POCSO), 2012 also deals with sexual offences against minors, complementing Section 375.
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