What is the Section 375 IPC?
Section 375 of the Indian Penal Code defines rape as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 18 years of age.”
What is the difference between Section 375 and 376?
(First) — Against her will. (Secondly) —Without her consent. (Thirdly) — 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.
What is the difference between will and consent?
If we talk about the WILL of a women means her wish, her own desire, whereas consent is a permission to do something. This word will determine the person reasoning power of mind whether to do act or not.
What is the punishment under section 376?
“376. Punishment for sexual assault – 1 (a) whoever, except in the cases provided for by sub-section (2) commits sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to 10 years and shall also be liable to fine.
Is Section 377 removed?
The bench pronounced its verdict on 6 September 2018. Announcing the verdict, the court reversed its own 2013 judgement of restoring Section 377 by stating that using the section of the IPC to victimize homosexuals was unconstitutional, and henceforth, a criminal act.
Is Section 375 A true story?
This real-life case inspired ‘Section 375’. Shiney was accused of rape by his maid, and the matter was taken to court. The sessions court sentenced him to seven years of imprisonment, but he later got bail when the case was presented in the High Court.
How can I get bail in 376?
In non-bailable sections you cannot claim bail as a matter of right , and further section 376 does not fall under the purview of compoundable offence. so it is purely upto the court to decide whether bail should be granted or not.
What is difference between against her will and without her consent?
The courts have clarified that these are two separate tracks to proving rape: ‘against her will’ means the woman has resisted and there was opposition while ‘without her consent’ would comprehend an act of reason accompanied by deliberation (State of UP v Chottey Lal (2011) 2 SCC 550).
What is consent Indian law?
Explanation 2 appended to section 375 of the Indian Penal Code defines consent as “an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act”.
What IPC 497?
Section 497 of IPC says it is a punishable offense for a man to have sexual intercourse with a married woman without the consent of her husband. The man committing such an offense can be imprisoned for five years or more and can also be asked to pay a fine.