Section 375 of IPC refers to RAPE which says that The penetration, no matter
how slight, of the vagina or anus with any body part or object, oral penetration
by a sex organ of another person, without the consent of the victim.
This definition also includes instance in which the victim is unable to give
consent because of temporary or permanent mental or physical incapability.
However a rape is- A man is said to commit rape who except the case hereinafter
expected has sexual intercourse with a woman under circumstances falling under
any of the six following descriptions:
- Against her will.
- Without her consent.
- With her consent when her consent has been obtained by putting her ore
any person in whom she is interested in fear of that or of hurt.
- With her consent when the man knows that he is not her husband and that
her consent is giving because she believes that he is another man to whom
she is or believes her self to be lawfully married.
- 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 stupefy or unwholesome substance she is unable to
understand the nature and the consequences of that which she gives consent.
- 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.
Section 375 IPC Explanation
Under section 375 of IPC, just penetration is sufficient to constitute the
sexual intercourse necessary to the offense of rape.
A woman’s consent to sexual intercourse includes unequivocal voluntary agreement
or willingness to participate in the specific sexual act by words, gestures or
any form of verbal or non- verbal communications.
Sakshi v/c union of India:
26th may 2004, petitioner Sakshi, respondent union of India,
The judgement of the court was delivered by G.P.MATHUR this writ petition under
article 32 of the constitution has been filed by way of public interest
litigation by Sakshi which is an organization to provide legal medical
residential psychological or any other help assistance or charitable support for
women in particular those who are victims of any kind of sexual abuse and or
harassment violence or any kind f atrocity or and is violence a intervention
center the respondent arrayed in the writ petition:
- Union of India
- ministry of law and justice
- Commissioner of police new Delhi
Issues and resolution:
Definition of rape: The court upheld the existing definition of rape as forceable penil virginal pentration only refusing to include the other forms of
pentration within the ambit of rape as define under IPC section 375.
Written By: Bindiya