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Managing A Rape Victim: Legal Implications

Introduction

Rape (IPC section 375 & 376)
Rape is perhaps the most common of sexual offences, and is defined by S. 375 (which was substantially amended by the Criminal Law (Amendment) Act, 1983). The section as it now stands, can be analysed as under :

A man is said to commit 'rape' who has sexual intercourse with a woman.

• against her will or
• without her consent or
• with her consent
  • by putting her fear of death or hurt, or
  • when he 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 or
  • when at the time of giving her consent, she is unable to understand the nature and consequences of that to which she gives consent, by reason of unsoundness of mind or intoxication or the administration by the rapist or through another of any stupefying or unwholesome substance. Ss 375 and 376 of I.P.C. (about Rape) have been substantially changed by the Criminal Law (Amendment) Act 1983.
• with or without her consent when she is under 16 years of age (Punishment : Imprisonment for life for 10 years and fine : S.376)

Explanation - Sexual intercourse by a man with his own wife is no rape, if the wife is above 15 years of age.

Punishment for rape

S. 376 provides the punishment for various categories of rape as follows:

• Rigorous imprisonment for not less than 10 years and upto life (i.e. life-imprisonment) and fine, for the following persons viz. whoever.
  • being a police officer commits rape -
  • being a public servant, commits rape
  • 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, commits
  • being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
  • commits rape on a woman knowing her to be pregnant; or
  • commits rape on a woman when she is under twelve years of age; or
  • commits gang rape

In all the above cases, the minimum period of imprisonment is 10 years. However, in a fit case, the Court may impose a sentence of simple of rigorous imprisonment for a term of less than 10 years, for adequate and special reasons to be mentioned in the judgments.

• Simple or rigorous imprisonment for not less than 7 years and upto life (i.e. imprisonment) and fine in all other cases, except where the woman raped is his own wife and is not under 12 years of age, in which case the maximum imprisonment is 2 years or fine, or both.

Here also, the Court may impose a sentence of less than 7 years, for adequate and special reasons to be mentioned in the judgment.