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Thirdly.- With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.įourthly.- 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.įifthly.- With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. A man is said to commit” rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:. Taking note of the inadequacy of law of rape and its failure to safeguard the rights of the innocent victims against the heinous crime, the Parliament in 19 extensively amended the law of rape so as to make the law more realistic. In the Indian Penal Code, Section 375 defines rape. It signifies in common terminology, “as the ravishment of a woman without her consent, by force, fear, or fraud” or “the carnal knowledge of a woman by force against her will.” In other words, rape is violation with violence of the private person of a woman. Thus rape literally means a forcible seizure. The word rape is derived from the Latin term rapio, which mean ‘to seize’. The paper scrutinises the law through landmark case laws and uses recent decisions to explain the interpretation of the amended provision. It discusses important concepts like consent, will, submission, minority, misrepresentation, fraud etc. This paper analyses in detail, the provisions of the amended Section 375 of the Indian Penal Code. Verma Committee Report, to address the prevalent inadequacies. © 2015-2022.By Soumya Singh Chauhan, UILS, ChandigarhĮditor’s Note: The rape laws of the country were amended in the year 2013 after the Justice J.S. All models appearing on this website are over 18 y.o.
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