Punishment of Rape in India

Section 375  of Chapter XVI of the Indian Penal Code (IPC) defines rape, which symbolises offences affecting the human body which are covered under the heading of “sexual offences”. Further, section 376 of IPC defines the punishment for committing rape.

The most painful trauma is inflicted on rape victims and they goes through mental trauma and their fundamental right to lead a dignified life under Article 21 of the Constitution is violated.

Some of the heinous crimes of rape committed in India are Nirbhya case, Hathras case, Kathua rape case etc.

Commitment of Rape:

Section 375 of IPC defines rape as:

1. Penetration of penis by man, to any such extent, into a woman’s vagina, mouth, urethra or anus or when he makes her do the same act with him or any other person. 
2. Any object by man or any part of his body to any extent into a woman’s vagina, urethra, or anus or when he makes her do the same with him or any other person. 
3. Manipulation of any part of a woman’s body by a man in order to cause penetration into the vagina, urethra, anus or any part of her body, or when he makes her do the same with him or any other person. 
4. When a man has a woman do the same thing with him or any other person, he puts his mouth near her vagina, anus, or urethra.

Circumstances for consideration of rape:

1. When the above-mentioned acts are done against women’s will or without her consent. 
2. When a sexual act is committed with women’s consent but her consent is obtained by causing threat or fear of death or hurt 
3. When the above-said activities are done by a man knowingly and believing that he is not her husband or where the woman grants consent to him in a bona fide manner believing the man is her husband to whom she is lawfully married. 
4. When the above-stated acts are done with the woman’s consent but her consent was not voluntary because she was of unsound mind or was intoxicated at the time of giving consent or was in an intoxicated state.
5. When the above-mentioned activities are done to a minor i.e. below 18 years of age.
6. When the above-mentioned acts are committed when she is unable to communicate her consent.

Punishment for rape:

Whoever commits rape shall be punished with rigorous imprisonment of not less than 7 years and may extend to imprisonment for life and shall be liable to fine.

1. A person being a police officer shall be punished for the offence of rape if he commits forceful sexual intercourse on a woman who is either in his custody or his subordinate’s custody, within the limits of the police station in which he is appointed or in any police station house premises.  
2. Sub-section 2(b) defines punishment for a public servant who commits rape on a woman who is in his  or his sub ordinate’s custody. 
3. The member of the armed forces will be punished if he commits rape in an area where he is deployed through the authorisation of either the Central Government or any state government. 
4. Section 376 (2) defines punishment of not less than 10 years and may extend to life imprisonment in case of:

• a pregnant woman
• a female who is unable to express her permission
• by exercising authority or control over a lady
• a woman who is suffering from mental or physical disability
• a woman while causing grievous bodily harm or maiming or disfiguring or endangering her life