Decoding India’s Rape Law | Forum

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LetsHelpIndia
LetsHelpIndia May 14 '14, 05:05



The Indian Penal Code, the Code of Criminal Procedure as well as the Protection of Children Against Sexual Offences Act have provisions against rape and sexual assault. With the Criminal Law (Amendment) Act, 2013, the definition of rape and sexual assault has been expanded and punishments made stricter. Here, we explain the salient features of this amendment in a simple manner.

What is rape?

According to the Criminal Law (Amendment) Act, 2013, rape takes place when:

  • A man penetrates a woman’s vagina, mouth, urethra or anus without her consent, with his penis or with an object.


  • A man forcibly applies his mouth to the vagina, urethra or anus of woman.


  • A man forcibly manipulates a woman’s body in order to cause penetration.


  • Two individuals below the age of 18 engage in sexual activity, even if it is consensual.


What is consent?

Consent, in this context, is a woman’s willingness to have sexual intercourse. It can be expressed through words, gestures or non-verbal communication. The Criminal Law (Amendment) Act specifically states that if a woman does not physically resist forced sexual activity, it does not mean that she has given her consent.

Under this law, a woman’s consent is not taken if she is told that she or anyone she knows will be hurt or killed; if she is drugged or incapable of giving consent; if she is physically or mentally disabled; or if she is led to believe that her assailant is her husband.

What’s different about the Criminal Law Amendment Act, 2013?

Under this law:

  • Trafficking, acid attacks, sexual harassment, disrobing, voyeurism and stalking have been recognized.


  • If a public servant does not perform his/her duty or does not adequately investigate a case, he/she can be fined and imprisoned for 6 months to 2 years.


  • If a survivor of sexual assault is treated in an unlawful manner at a public or private hospital, the director of that hospital can be fined and imprisoned up to 1 year.


  • Rape trials must be completed within 2 months of filing charges.


What is the punishment for rape?

  • The minimum punishment for rape is 7 years, but it can extend up to life imprisonment.


  • The punishment for a repeat offence of rape or rape that leads to a vegetative state or death is 20 years, which may extend to life imprisonment or death.


  • If a rape is committed by a gang, the punishment is no less than 20 years for each member of the gang, and he must also give compensation to the survivor.


  • If a non-military public servant commits rape, he can be imprisoned for life, and fined.


The Forum post is edited by LetsHelpIndia May 14 '14, 05:13
an indian
an indian May 23 '14, 07:23
what does law say about rapes done to males by a female ? whats the trial and punishment for that ?
Abhilasha Singh
Abhilasha Singh May 23 '14, 07:28

When a man is raped by a female the damage this causes can be devastating. The lack of help and understanding from law enforcement and the general public causes many men to deal with their ordeal alone. If you or a man you know has been raped MaleSurvivor.org or NCVC.org can provide help. 

I found this from google...hope it'll gonna help yuh... :)

Yaqib
Yaqib May 23 '14, 07:32
They are ridiculed and not taken seriously. Look at the instances of sexual assaults on male students by female teachers. These women get a light slap on the wrist. But of course the media doesn't care because that story won't generate views. This hype is causing the law to head towards a direction where it is heavily lopsided in favor of women. Rape is a heinous crime, the worst kind of crime, but an innocent person should not be punished due to unfair laws.
SUNIL
SUNIL May 23 '14, 07:37

these type of laws in favour of women are strictly validate in USA and EUROPEAN COUNTRIES only., but its too sad for INDIA. THERE , i saw a 

strict and immediate action against rapist may be , a husband or the other.........NO COMPROMISE...IN USA, CANADA, EUROPEAN UNIONS. THERE 

laws destroy the whole life of activists who participate to do so or just assault women or women to men by even eyes concentrated keenly to 

each other......THATS WHY LEAST MINIMAL CASES OR NONE OF THEM ARE IN THERE

COUNTRIES. Also every individual in their nations concentrate their 

mind in goodness of workability , not indulge himself /herself in 

unlawful or poor activities. THESE COUNTRIES ARE CALLED DEVELOPED NATIONS OF THE WORLD, BUT INDIA STILL STRUGGLING FOR INNER INDEPENDENCE AND RIGHTS TO LIVING STANDARDS FROM LEADERS SO CALLED GUNDAS........URINATE IN THEIR CLOTHES LIKE SUPREME COURT OR LOWER COURT JUDGES, THAT CHANGE THEIR OWN DECISIONS, WHILE FINALISATIONS TOO., AFRAIDING FROMCORRUPT SYSTEM OR BULLET FROM GUN THROUGH GUNDAS OR POLITICIANS...................WHO ARE ELECTED BY MONEY OF SMUGGLARS IN INDIA.

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