Sections 375 to 377


THE INDIAN PENAL CODE, 1860

CONTENTS


7

SEXUAL OFFENCES

375. Rape






8


OF UNNATURAL OFFENCES


CHAPTER XVI

7

SEXUAL OFFENCES

1[Sexual offences]

1. Subs. by Act 43 of 1983, sec. 3, for the heading "Of rape".

1[375. Rape: - 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 she is under 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 wife, the wife not being under fifteen years of age, is not
rape].

1. Subs. by Act
43 of 1983, sec. 3, for sections 375 and 376.

STATE AMENDMENT

Union
Territory of Manipur:

(a) In clause sixthly, for the word "sixteen"  substitute the word "fourteen"; and

(b) In the Exception, for the word "fifteen"  substitute the word "thirteen".

[Vide Act 30 of 1950.]

1[376. Punishment for rape:
-

(1) Whoever, except in the cases provided for  by sub-section (2), commits rape shall be punished with imprisonment of either  description for a term which shall not be less than seven years but which may
be for life or for a term which may extend to ten years and shall also be  liable to fine unless the woman raped is his own wife and is not under twelve  years of age, in which cases, he shall be punished with imprisonment of either  description for a term which may extend to two years or with fine or with both:

Provided that the court may, for adequate  and special reasons to be mentioned in the judgment, impose a sentence of  imprisonment for a term of less than seven years.

(1) Whoever: -

(a) Being a police officer commits rape—

(i) Within the limits of the police station
to which he is appointed; or

(ii) In the premises of any station house
whether or not situated in the police station to which he is appointed; or

(iii) On a woman is his custody or in the
custody of a police officer subordinate to him; or

(b) Being a public servant, takes advantage of
his official position and commits rape on a woman is custody as such public
servant or in the custody of a public servant subordinate to him; or

(c) Being on the management or on the staff of
a jail, remand home or other place of custody established by or under any law
for the time being in force or of a woman's or children's institution takes
advantage of his official position and commits rape on any inmate of such jail,
remand home, place or institution; or

(d) Being on the management or on the staff of
a hospital, takes advantage of his official position and commits rape on a
woman in that hospital; or

(e) Commits rape on a woman knowing her to be
pregnant; or

(f) Commits rape when she is under twelve
years of age; or

(g) Commits gang rape,

Shall be punished with rigorous
imprisonment for a term which shall not be less than ten years but which may be
for life and shall also be liable to fine:

Provided that the court may, for adequate
and special reasons to be mentioned in the judgment, impose a sentence of
imprisonment of either description for a term of less than ten years.

Explanation 1- Where a woman is
raped by one or more in a group of persons acting in furtherance of their
common intention, each of the persons shall be deemed to have committed gang
rape within the meaning of this sub-section.

Explanation 2-"Women's or
children's institution "means an institution, whether called an orphanage of a
home for neglected women or children or a widows' home or by any other name,
which is established and maintained for the reception and care of women or
children.

Explanation: 3. - "Hospital"
means the precincts of the hospital and includes the precincts of any
institution for the reception and treatment of persons during convalescence or
of persons requiring medical attention or rehabilitation].

1. Subs. by Act
43 of 1983, sec. 3, for section 375 and 376.

1[376A. Intercourse by a man with his wife during separation:
-Whoever has sexual intercourse with his wife, who is living separately from
him under a decree of separation or under any custom or usage without her
consent shall be punished with imprisonment of either description for a term
which may extend to two years and shall also be liable to fine].

1. Subs. by Act
43 of 1983, sec. 3, for sections 375 and 376.

376B. Intercourse by public servant with
woman is his custody
:- Whoever, being a public servant, takes
advantage of his official position and induces or seduces any woman, who is in
his custody as such public servant or in the custody of a public servant
subordinate to him, to have sexual intercourse with him, such sexual
intercourse not amounting to the offence of rape, shall be punished with
imprisonment of either description for a term which may extend to five years
and shall also b e liable to fine].

1[376C. Intercourse by superintendent of jail, remand home, etc.-
Whoever, being the superintendent or manager of a jail, remand home or other
place of custody established by or under any law for the time being in force or
of a woman 's or children's institution takes advantage of his official
position and induces or seduces any female inmate of such jail, remand home,
place or institution to have sexual intercourse with him, such sexual
intercourse not amounting to the offence of rape, shall be punished with
imprisonment of either description for a term which may extend to five years
and shall also be liable to fine.

Explanation 1. —"Superintendent"
in relation to jail, remand home or other place of custody or a women's or
children's institution included a person holding any other office in such jail,
remand home, place or institution by virtue of which he can exercise any
authority or control over its inmates.

Explanation 2. — The expression
"women's or children's institution" shall have the same meaning as in
Explanation 2 to sub-section (2) of section 376.]

1. Subs. by Act
43 of 1983, sec. 3, for sections 375 and 376.

1[376D. Intercourse by any member of the management or staff of a hospital with any
woman in that hospital. -
Whoever, being on the management of a
hospital or being on the staff of a hospital takes advantage of his position
and has sexual intercourse with any woman in that hospital, such sexual
intercourse not amounting to the offence of rape, shall be punished with
imprisonment of either description for term which may extend to five years and
shall also be liable to fine.

Explanation. -The expression
"hospital" shall have the same meaning as in Explanation 3 to sub-section (2)
of section 376.]

1. Subs. by Act
43 of 1983, sec. 3, for sections 375 and 376.

8

OF UNNATURAL OFFENCES

377. Unnatural offences. -Whoever voluntarily has carnal intercourse against the  order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with  imprisonment of either description for term which may extend to ten years, and  shall also be liable to fine.

Explanation. -Penetration is  sufficient to constitute the carnal intercourse necessary to the offence
described in this section.

1. Subs. by Act 26 of 1955, sec.117. and sch., for "transportation for life" (w.e.f. 1-1-1956).

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