Definition of rape in Indian Penal Code (IPC)

Rape of Bulgarian women by Ottoman troopsDefinition of rape is given in Section 375 of Indian Penal Code (IPC) as written below:

“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:-
First: Against her will.
Secondly: Without her consent.
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.
Fourthly: 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.
Fifthly: 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.
Sixthly: With or without her consent, when sixteen years of age.

Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception: Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.”

Photo credit: Wikipedia


6 thoughts on “Definition of rape in Indian Penal Code (IPC)

  1. Since India’s independence in 1947, is there a single rapist punished so that it sets an example ? The answer in NO. If you are a woman and you are in India, there are hounding animals all around you. Whosoever wishes rapes in India, he need not to be a criminal bent of mind unlike in western countries.

  2. Yes, you are quite right my dear. I am a lawyer by profession and holds your statment to be correct! Moreso, Police officials themselves said and try to teach the victim that its commenly happens everywhere in India so dont go for lodging an FIR against the filthy action of male/s otherwise, it would hurt your dignity again and again in the court of Law! Bull shit Police……….

  3. Isn’t it alarming how the Indian Legal System does not even recognize the possibility that a man can be raped by a woman or a man can be raped by a man? And then we go ahead and talk of gender equality and how women are capable of doing everything a man can.
    Even if we consider the physical advantages men have, it is not sufficient to eliminate the possibility if a man being taken advantage of.

  4. dear author

    There are no ‘articles’ in the IPC , only sections. Articles are to be used only in the Constitution.

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