Section 375 Indian Penal Code: A man is said to commit rape if he-

a) penetrates his penis, to any extent, into vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person, or

b) inserts, to any extent, any object or a part of body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person, or

c) manipulates any part of the body of woman so as to cause penetration into vagina, urethra, anus or any part of her body of such woman or makes her to do so with him or any other person, or

d) applies his mouth to the vagina, anus or urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:

1.Against her will.

2.Without her consent.

3.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.

4.With her consent, when the man knows that he is not her husband and that her consent is given because she believes to that he is another man to whom she is or believes herself to be lawfully married.

5.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 any other of any stupefying or unwholesome substance, she is unable to understand the nature and consequence of that to which she gives consent.

6.With or without her consent, when she is under eighteen years of age.

7.When she is unable to communicate consent.

EXPLANATION:

1.For the purpose of this section “vagina” shall also include labia majora.

2.Consent means an unequivocal voluntary agreement when the woman by gestures or any form of verbal or nonverbal communication, communicates the willingness to participate in the specific sexual act. Provided that a woman who does not physically resist to the act of penetration shall not by reason only of that fact, be regarded as consenting to the sexual activity.

Exception: A medical procedure or intervention shall not constitute rape.

Sexual intercourse by a man with his wife who is not under 15 year is not rape..

MARITAL RAPE: It is the forceful sexual intercourse with wife who is living separately from him under a decree of separation, or a custom or usage without her consent.

STATUTORY RAPE: It is a sexual intercourse with a girl who is under eighteen year of age even with her consent. It is neither violent nor physically coerced.

GANG RAPE or GROUP RAPE: This occurs when a group of people participate in the rape of a single victim. Each person is deemed to have committed gang rape.

DATE RAPE : It is sexual intercourse with a woman who is given a drink containing sedative drug like GHB (gamma hydroxybutyrate), Rohypnol (flunitrazepam), ketamine etc. in a party without her knowledge. These drugs are called rape drugs or club drugs.

Indian Penal Code 376 Minimum punishment for rape is 10 years upto life imprisonment and fine.

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