IPC Section 375
Learn about IPC Section 375 – the legal definition of rape, its meaning, examples, case laws, and punishment.
Sexual offences are among the most serious crimes in any society. To protect the dignity and safety of women, the Indian Penal Code (IPC) has a special section — Section 375, which defines what constitutes rape.
This section lays the foundation for India’s rape laws and explains the circumstances under which sexual intercourse amounts to rape.
What is IPC Section 375?
Legal Definition (Text of the Law)
According to the Indian Penal Code, 1860:
Section 375 IPC:
A man is said to commit “rape” if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a woman, or
(b) inserts, to any extent, any object or any part of the body (not being the penis) into the vagina, urethra, or anus of a woman, or
(c) manipulates any part of the woman’s body so as to cause penetration into the vagina, urethra, anus, or any part of her body, or
(d) applies his mouth to the vagina, anus, or urethra of a woman,under any of the following seven circumstances.
Seven Circumstances Constituting Rape
Circumstance
Explanation
1. Against Her Will
When the woman clearly refuses, and the act is forced upon her.
2. Without Her Consent
Even if she doesn’t resist physically, the absence of voluntary consent makes it rape.
3. Consent Obtained by Fear or Threat
If she agrees out of fear of death or injury.
4. Consent Under Misconception
If consent is given believing the man is her husband.
5. When She is of Unsound Mind or Intoxicated
If she cannot understand the nature of the act due to intoxication or mental incapacity.
6. When She is Under 18 Years of Age
Consent of a minor is not valid in law.
7. When She is Unable to Communicate Consent
If the woman cannot communicate due to physical or mental reasons.
Explanation in Simple Terms
In simple words, rape under IPC Section 375 means when a man has sexual intercourse with a woman without her free and valid consent, or when the woman is below 18 years of age.
Even partial penetration is enough to constitute rape — full sexual intercourse is not required to prove the offence.
Illustrative Examples
Example 1:
A forces himself on B, who clearly refuses.
→ This is rape under Section 375(a).
Example 2:
A tells B he will marry her and then forces intercourse by false promise.
→ This is rape under Section 375 (misconception of consent).
Example 3:
A has intercourse with a 16-year-old girl even with her consent.
→ This is statutory rape, as she is below 18.
Key Elements of Rape under Section 375
Element
Description
1. Man as Accused
Only a man can commit rape under current law.
2. Woman as Victim
Only a woman can be the victim (as per present IPC definition).
3. Sexual Penetration
Even slight penetration counts.
4. Lack of Consent
Consent must be free, informed, and voluntary.
5. Age Factor
Below 18 years – consent is invalid.
Important Explanations and Notes
- Marital Rape Exception (Controversial):
Sexual intercourse by a man with his own wife, if she is above 18 years, is not considered rape, even without her consent.
(Note: This is currently under judicial and social debate.) - Medical Examination:
Medical evidence plays a crucial role but is not the sole factor in proving rape. - Victim’s Statement:
The victim’s testimony alone, if trustworthy, can be sufficient for conviction.
Punishment for Rape (Section 376 IPC)
Type of Offence
Punishment
General Rape (Sec 376(1))
Minimum 10 years (can extend to life imprisonment) and fine.
Gang Rape (Sec 376D)
20 years to life imprisonment, and fine.
Rape of Minor (POCSO Act)
20 years to death penalty depending on age and severity.
Difference Between Section 375 and 376
Aspect
Section 375
Section 376
Nature
Defines rape
Provides punishment for rape
Focus
What constitutes rape
How rape is punished
Type
Descriptive
Punitive
Graph: Types of Rape and Punishments
Type of Rape
Punishment
General Rape
10 years – life imprisonment
Gang Rape
20 years – life imprisonment
Minor Girl (<16 years)
20 years – life imprisonment
Child Below 12 Years (POCSO)
Life imprisonment – death penalty
Landmark Case Laws
Case Name
Year
Key Judgment
Tukaram v. State of Maharashtra (Mathura Rape Case)
1979
Led to major reforms in rape laws, emphasizing consent.
Mukesh v. State (Nirbhaya Case)
2017
Death penalty awarded to convicts; defined rape as a barbaric violation.
State of Punjab v. Gurmit Singh
1996
Victim’s testimony alone can be sufficient for conviction.
Lillu v. State of Haryana
2013
“Two-finger test” declared unconstitutional and violates privacy.
Legal Rights of Rape Survivors
- Right to Free Medical Treatment under Section 357C CrPC.
- Right to Privacy and Confidentiality – Victim’s name cannot be disclosed.
- Right to Legal Aid – Government must provide a free lawyer.
- Right to Compensation under the Victim Compensation Scheme.
- Right to Record Statement by a Female Police Officer.
Table: Key Points Summary
Aspect
Details
Law Name
Indian Penal Code, Section 375
Offence
Rape
Victim
Woman
Accused
Man
Consent Required?
Yes, must be free and voluntary
Age of Consent
18 years
Punishment (Section 376)
10 years – life imprisonment
Bailable/Non-Bailable
Non-bailable
Compoundable?
No
Triable By
Court of Session
Conclusion
IPC Section 375 is one of the most vital laws protecting women’s dignity and personal liberty in India.
It defines what constitutes rape, emphasizes the importance of consent, and lays the foundation for punishing offenders under Section 376.
While India’s legal system continues to evolve, Section 375 remains a cornerstone in ensuring justice for victims and deterrence for offenders.
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