RAPE LAWS
RAPE:-
Rape meaning Sexual Assault towards other person forcefully, without any consent from other party either in the form of threat or Manipulation. Here the “CONSENT” word is not applicable in case of Minor, Mental Disorder Person, person who are threatened or to do intimacy and the person is drugged and unconscious etc.
RAPE LAWS:-
Rape is a Sexual offence which comes under battery and assault or both. Here the battery means unlawful physical contact with other. In assault victim is not physically harmed like in battery but is threatened to. In such a cases Rape laws will be applicable.
Rape is clearly defined offence in Indian penal code in 1860 under section 375. However there is an exception in sexual intercourse with the wife under 15 is not rape. Amendment in RAPE LAW came into limit light after Mathura vs Desai Gunj police station.
Still in India Rape cases gets gender inequality.
After Nirbhaya case amendments were made in criminal act which includes increase in jail term’s from 10 years to 20 years and death penalty in rape cases.
ILLUSTRATION:-
1)There are two types of rapes in Indian penal code under section 375.
2) if wife is above 15 years and sexual intercourse with husband is not considered as rape until and unless they are separated.
3) aggravated Rape is rape by some authority, superior Person or the person with some power, rape’s other with authority power is a crime under section 376(2)
4) If the person died after a rape then such accused shall be imprisoned for the period of more than 20 or life imprisonment.
5) Even in the case of gang rape everyone who is involved in the gang rape shall be imprisoned for the period of more 20 years and such period as specified by the court or life imprisoned.
6) Absence of sperm cannot be doubtful in the case of rape
7) Rape happens by penetrates his penis into vagina, mouth, urethra or anus of any woman or makes her do
8) By manipulation of any body part of woman so as to do such penetration.
9) it should be against her will or consent,
IMPRISONMENT IN THE RAPE CASES IN INDIA:-
1) Minimum imprisonment for the term 7 to 10 had been extended to life imprisonment.
2) if girl under 16 is raped or gangraped upto 20 years and life imprisonment
3) if girl is under 12 is raped or gang raped imprisonment up-to 20years or life imprisonment or death. It is depends upon case to case.
4) investigation under 2 months and speedy Trail under 6 months
RIGHTS OF RAPE VICTIM:-
Under Section 357, CrPC. By virtue of Section 431, CrPC, Section 421, CrPC , is applicable for recovery of specified amount which does not form part of compensation.
Unfortunately this is the only crime where no institutionalized payment of Compensation is provided to the Rape Victim.
Article 21 specifies about the human rights under the Indian constitution .
Rape is defined under Section 375 in Indian penal code 1860 where only man can commit rape, and only on a woman
