![]() ![]() Hemraj, too had similar facts, as that of Priya Patel. Therefore, a prosecution could not be started against a woman for commission of rape. The court further laid down that the expression “in furtherance of common intention” which appears in explanation 1 of Section 376(2) IPC is construed as the intention to commit rape. Therefore, she can’t be held for both- rape or gang rape. The Court held that a woman cannot commit rape as it is conceptually inconceivable that she had an intention to rape. There were charges levied against Bhanu Pratap for the offences punishable under Sections 323 and 376, IPC and the appellant was charged under Sections 323 and 376(2) (g) IPC. ![]() The prosecutrix pleaded in front of her and asked her to save her, but instead she slapped her, closed the door of the house and left the place. ![]() Since the girl had fever, she accompanied Bhanu Pratap to his house where he committed rape on her.ĭuring that time, the wife of the accused came there. When she reached the destination, she met the accused (Bhanu Pratap Patel) and told her that he was asked by her father to receive her. In this case, there was a complaint lodged by prosecutrix alleging that while she was returning by an express train after attending a sports meet. The Court was encountered with this question in the case of Priya Patel v. Section 376(2)(g) mentions ‘persons’ rather than man which means that it was the vision of lawmakers to keep this Section gender-neutral. But as far as the commission of gang rape is concerned, there is ambiguity as to whether it could be committed by woman. ‘Whether the commission of rape could be done by a woman?’ becomes quite clear looking at the language of article 375 which expressly mentions that the act of rape could be committed only by a man and not ‘any person’. Can a woman be prosecuted for the offence of gang rape? To any extent into the body parts of such woman (or making someone else do so), constitutes an offence of sexual offence. For the purpose of removing ambiguity in the law before and provide strict punishment in rarest cases of sexual violence, the definition provided in the act such as penetration of penis into: Section 375 was amended by the Criminal Law Amendment Act, 2013 or the Nirbhaya Act. #Indian penal code 1860 in marathi free download pdf plus#Giving the reason, the court held that, though there are many forms of sexual abuse which are heinous in nature, but every sexual offence cannot be considered as rape.Īs per Section 376, the punishment of rape is for minimum 10 years and maximum imprisonment for life (which shall be construed as imprisonment for remaining life of that person till he dies a natural death) plus fine, is for the following g list of persons Leaving certain aggravated situations, the punishment for the rest of cases shall be minimum seven years and maximum punishment for life, plus fine. vaginal and penial penetration be considered as rape. Union of India, reiterated the definition of rape and held that only heterosexual intercourse i.e. The Supreme Court in the case of Sakshi v. Section 375 of the IPC lists down the conditions which lead to the commission of rape at the time of sexual intercourse between a man and woman.Īs per the Section, the act of penetration is sufficient enough to be treated as sexual intercourse, and therefore rape. Legal provisions of IPC- defining the offence and punishment Earlier, it was considered to be caused by an overpowering sexual desire but now it seems to be a inveterate assertion of power over the victim. ![]() In many countries, the crime of rape is a categorization of sexual assault. Rape refers to an unlawful sexual activity which involves sexual intercourse against the will of victim, either by force or threat of force or against a person who is incapable of giving consent because of reasons such as mental illness, intoxication, deception or unconsciousness. ![]()
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