What is the legal definition of Rape?
Rape is not a medical diagnosis. It is
a legal definition. Rape is the commission of unlawful sexual intercourse or
unlawful sexual intrusion and it constitutes more than 90% of all the sexual
offences in our country. Section 375 of IPC defines that a man is said to have
committed "rape" falling under any of the six following descriptions:
- First – against her will.
- Second – without her consent
- Third – 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.
- Fourth – 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.
- Fifth – with her consent, when at the time of giving
such consent by reasons 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.
- Sixth – with or without her consent when she is under
16 years of age exception in case of sexual intercourse by a man with his
wife, the wife not being under 15 years of age, is not rape
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