Section 376B, 376C and 376E

Section 376B, 376C and 376E

The women are subjected to various atrocities by people throughout India which infringes not only their liberty, freedom of movement and confidence to step out in public but also leave them traumatised.  Rape is one such Crime committed against women which is rising at an alarming rate. A rapist not only takes away the freedom but leaves the victim with no self-confidence, constant fear and in deep shock for rest of their lives.  According to National Crime Records Bureau, in 98% of the rape cases the accused is known to the victim. The rape victims not only face humiliation by the society but by the law also. The victim is deprived of her integrity and privacy but this follows a great deal of misery and psychological damage.

Rape is defined in Section 375 of Indian Penal Code, 1860 as, “an unlawful intercourse done by a man with a woman without her valid consent.” In certain cases, when consent is taken by fraudulent means or by misrepresentation. The rape laws in India became stringent after its amendment in 2013 on the recommendation of Justice Verma Committee. The committee was made after the Nirbhaya Case, in order to make the laws more efficient and in order to endure justice for the victim.

According to Section 375 a man is said to have committed rape if:

(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
(d) applies his mouth to the vagina, anus, and urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions the sexual intercourse was done:

  • Against her will
  • Without her consent
  • With or without consent, when the girl is less than 18 years of age
  • With her consent, when her consent was has been obtained by putting her into fear of death or injury
  • With her consent, when she is not of sound mind and is not in a condition to communicate her consent.
  • With her consent, when her consent was obtained by making her believe that the man is her husband, when he is actually not.

Section 376B: Punishment for sexual intercourse by husband during separation

According to this section if the husband tries to have sexual intercourse with his wife, with whom he is judicially separated, without her consent, can be held liable for rape.in this case sexual intercourse means:

  •  penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
  • applies his mouth to the vagina, anus, and urethra of a woman or makes her to do so with him or any other person

In case a person is arrested under sec 376B, he will be punished with imprisonment for not less than 2years but which may extend up to 7 years with fine.

It is a cognizable and bailable offence which must be tried by the Court of Sessions.

Section 376C: Punishment for sexual intercourse by person in authority
According to this section if a person who is:

  • in a position of authority or in a fiduciary relationship
  • a public servant
  • superintendent or manager of a jail, remand home or other place of custody or a women’s or children’s institution
  • on the management of a hospital or being on the staff of the hospital

Tries to abuse or misuse his position or fiduciary relationship to seduce or induce any women in his custody or under his charge to have sexual intercourse with him, it shall amount to rape. This is a scenario of custodial rape. In such cases if the victim denies the presence of consent in the Court, then the burden of proof shifts to the accused or the defendant.
For such an act he can punished with rigorous imprisonment of not less than 5 years but which may extend up to 10 years with fine.
It is a cognizable and non-bailable offence which is triable by the Court of Sessions.

Section 376E: Punishment for repeat offenders
If a person has been previously convicted of an offence punishable under Section 376, 376D or 376A of IPC and is again convicted under any of the said sections, then such a person shall be punished with rigorous imprisonment for life.

It is a cognizable and non- bailable offence which shall be tried by the Court of Sessions.



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