Date rape
The term “date rape” is used to refer to several types of rape, broadly acquaintance rape, which is a non-domestic rape committed by someone who knows the victim. The drug facilitated sexual assault (DFSA), where the rapist intentionally drugs the victim with a date rape drug so that they are incapacitated. DFSA is when the rapist intentionally incapacitates the victim via drugs. Report indicates that young women are at considerable risk of becoming a victim of date rape while in college.
- Section 376(2)(j) – Commits rape on a women incapable of giving consent.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine.
- Section 376(2)(k) – Being in a position of control or dominance over a woman.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine.
Gang rape
Gang rape occurs when a group of people participate in the rape of a single victim. Rape involving two or more violators (usually at least 3) is widely reported to occur in many parts of the world.
- Section 376D – Gang Rape
Punishment: Rigorous imprisonment not less than 20 years may extend to imprisonment for the remainder of that person’s natural life + fine.
- Section 376DA – Gang Rape on women under 16 years of age.
Punishment: Rigorous imprisonment for the remainder of that person’s natural life + fine.
- Section 376DB – Gang Rape on women under 12 years of age.
Punishment: Rigorous imprisonment for the remainder of that person’s natural life + fine.
- Section 376(2)(g) – Commits rape during communal or sectarian violence.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine.
Marital Rape
Spousal/marital rape also known as marital rape, wife rape, husband rape, partner rape or intimate partner sexual assault (IPSA), is rape between a married or de facto couple without one spouse’s consent. Spousal rape is considered a form of domestic violence and sexual abuse
In the landmark case of The Chairman, Railway Board v. Chandrima Das, the Hon’ble Court held that rape is not a mere matter of violation of an ordinary right of a person but the violation of Fundamental Rights which is involved. Rape is a crime not only against the person of a woman, it is a crime against the entire society. It is a crime against basic human rights and is violative of the victims most cherished right, namely, right to life which includes right to live with human dignity contained in Article 21.
- Section 376B – Sexual intercourse by husband upon his wife during separation.
Punishment: imprisonment for 2 years may extend upto 7 years + fine.
Rape of children
Child rape specifically is sexual intercourse with a minor who is below the age of consent. Different states call statutory rape by different names. It can be termed sexual assault, sexual misconduct with a minor, sexual imposition, etc. Some states go on to specify a different level based on the age of the victim and the age of the rapist.
Even if an individual who is under the age of consent, says ‘yes’ and initiates sex with someone over the age of consent, the law says it is still statutory rape because the that younger person has no legal right to give consent.
- Section 376(2)(i) – Commits rape when she is under 16 years of age.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine.
- Section 376(3) – Whoever, commits rape on a woman under 16 yr of age.
Punishment: rigorous imprisonment not less than 20 years may extend to imprisonment for the remainder of that person’s natural life + fine.
- Section 376 AB – Rape on woman under 12 years of age.
Punishment: rigorous imprisonment not less than 20 years may extend to imprisonment for the remainder of that person’s natural life + fine or with death.
Custodial rape
Custodial rape is rape perpetrated by a person employed by the state in a supervisory or custodial position, such as a police officer, public servant or jail or hospital employee. It includes the rape of children in institutional care such as orphanages.
The term custodial rape is sometimes used broadly to include rape by anyone in a position of authority such as an employer, money-lender, contractor or landlord, but under Indian law it refers only to government employees.
Linkage with CrPC Section 176 (1A) was inserted in the statute in 2005, mandating an enquiry by judicial magistrate or metropolitan magistrate in cases of death, rapes and disappearances in custody; such enquiries were done by executive magistrates before 2005.
- Section 376(2)(a) – Being a POLICE OFFICER.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine.
- Section 376(2)(b) – Being a PUBLIC SERVANT.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine.
- Section 376(2)(c) – Being a member of ARMED FORCES.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine.
- Section 376(2)(d) – Being on the MANAGEMENT/STAFF of JAIL, REMAND HOUSE, OTHER PLACES of custody.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine.
- Section 376(2)(e) – Being on the MANAGEMENT/STAFF OF HOSPITAL.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine.
Incest rape
Sexual intercourse between close blood relatives, including brothers and sisters, parents and children, grandparents and grandchildren, or aunts or uncles with nephews or nieces. It is a crime in all states, even if consensual by both parties. However, it is often co-existent with sexual abuse since usually the younger person is a victim of the predatory sexual activities of an older relative.
- Section 376(2)(f) – Rape Being a relative, guardian, teacher or person in position of trust or authority.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine.
Sexual intercourse by a person in authority
IPC criminalises sexual intercourse by a person in authority. It states that anybody in a position of authority or fiduciary relationship, who “abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape.
- Section 376C – Sexual intercourse by person in authority.
Whoever being –
- In a position of authority or in a fiduciary relationship or,
- A public servant or,
- Superintendent or manager of jail, remand home or other place of custody or under any law for the time being in force, or a women’s or children institution or,
- On the management of the hospitalor being on the staff of the hospital,
Punishment: Rigorous imprisonment not less than 5 years may extend to 10 years + fine.
Others
There are few other types of rape which we should know, described as follows under IPC-
- Section 376(2)(h) – Commits rape on women knowing her to be pregnant.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine.
- Section 376(2)(l) – Commits rape on a woman suffering from mental or physical disability.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine.
- Section 376(2)(m) – While committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine.
- Section 376(2)(n) – Commits rape repeatedly on same woman.
Punishment : Rigorous imprisonment not less tha 10 years may be extend to imprisonment for life ( remainder of that person’s natural life) + fine
Section 376(1): Punishment for Rape
Rigorous imprisonment for Minimum 10 yr may extend upto Imprisonment for Life + Fine
Dear readers, stay tuned for next article. Also, if you have any queries or suggestions regarding topics or article let me know in comment section or mail us at lawgicalfirst@gmail.com
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