What Is Section 376 IPC – Section 376 Of Indian Penal Code – 376 Kalam Punishment For Rape – IPC Section 376 – IPC 376 In English : Hello friends, today I am going to tell you the complete information about Article 376 so read the full post and don’t forget to share it with your friends if you like it. Thank you.
What Is Section 376 IPC – Section 376 Of Indian Penal Code – 376 Kalam Punishment For Rape – IPC Section 376 – IPC 376 In English
Anyone accused of raping a woman is prosecuted under section 376 of the IPC. Convictions carry a minimum of seven years and a maximum of ten years of rigorous imprisonment if convicted. Apart from this, the court can also punish the guilty.
When men have sex with a woman against her will, it is called rape. Whether or not sexual intercourse is consummated for any reason, it will be called rape by law. The offenses are divided into sections 375, 376, 376A, 376B, 376C and 376D according to different circumstances and categories.
If a man has sex with a woman without her consent, by threatening her, by cheating on a mentally weak or insane woman, and if he has sex without her knowing it because of alcohol or other drugs, it will be considered rape. If a woman is under the age of 16, having sexual intercourse with or without her consent is also rape. Not only that, if a man has sex with his wife under the age of 15, it is also rape. In all these cases the accused can be punished.
Isn’t consensual sexual intercourse rape?
# 1. The Mumbai High Court has said in an order that if an educated and over 18-year-old girl enters into a consensual relationship, she cannot be accused of rape after the break-up. The court also said that even if sex is not considered appropriate in the society, if a woman does not say ‘no’ to sexual intercourse, it will be considered as consensual relationship.
The court gave this information while hearing the pre-arrest bail application of a youth. According to the petition, he had been in a relationship with a 24-year-old girl for the last one year. During this time they also had a physical relationship. The young man also promised to marry the young woman. But at the end of the year, he broke his promise and their relationship broke down.
The girl then accused her boyfriend of raping her. He was charged with several offenses including rape and fraud. She had alleged that she was also pregnant during the relationship. The young man then pressured her to have an abortion. He also helped the young man financially many times. Fearing arrest, the youth took refuge in the High Court.
The girl’s lawyer opposed the accused’s plea and promised to marry her and had sexual intercourse with her, so it should be considered as rape. However, Justice Mridula Bhatkar dismissed the petition. He said it could not be considered rape. You are well educated, you could say no to sex. But if you do not say no then it will be considered as a consensual relationship. When a woman is well educated and smart, she can say no. When she says yes, there is mutual consent.
# 2. A case has recently come to light in which a woman has accused her boyfriend of raping her for a long time under the pretext of marriage. But when the time came for marriage, he made another his wife. The aggrieved victim accused her ex-boyfriend of raping her under Section 376 of the IPC and cheating under Section 420 of the IPC.
But when the case reached the Mumbai High Court, the judge granted bail to the accused, saying that Section 420 focuses on fraud of property, documents and money and that a woman’s virginity cannot be said to be her property. Though another High Court has given the status of virginity to a woman’s property, the Mumbai High Court does not accept it. On the other hand, the rape clause imposed on the accused has also been withdrawn as the court ruled that the couple had consensual relationship before marriage and even if the marriage did not take place, the man could not be found guilty even if he was alone. The woman was aware that she was unmarried and in Indian society it is immoral to have sex before marriage.
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