Rape is a heinous crime that violates a person's bodily integrity and dignity. The offence of rape is governed by Section 375 and Section 376 of the Indian Penal Code, 1860. The definition of rape has undergone significant changes over the years to ensure that the law is more gender-neutral and provides better protection to victims. Here are various offenses of rape with the latest amendment along with 10 relevant Indian case laws:
Rape under Section 375 of IPC: Rape under Section 375 of IPC is committed when a man has sexual intercourse with a woman without her consent or with her consent obtained by coercion, threat, or deception. The punishment for rape is imprisonment for a term of not less than 10 years but which may extend to imprisonment for life and fine. In 2013, the Criminal Law Amendment Act, 2013 was passed, which expanded the definition of rape to include various acts such as insertion of any object or body part into the vagina, urethra or anus of a woman or making a woman perform any such act with the perpetrator or any other person.
Gang Rape under Section 376D of IPC: Gang rape under Section 376D of IPC is committed when a woman is raped by a group of persons acting in furtherance of their common intention. The punishment for gang rape is imprisonment for a term of not less than 20 years but which may extend to imprisonment for life and fine.
Aggravated Rape under Section 376(2) of IPC: Aggravated rape under Section 376(2) of IPC is committed when a person commits rape under certain circumstances, such as when the victim is under 16 years of age, the victim is unable to communicate her consent, the perpetrator is a police officer, etc. The punishment for aggravated rape is imprisonment for a term of not less than 10 years but which may extend to imprisonment for life and fine.
Marital Rape: Marital rape refers to the sexual intercourse between a husband and wife without the wife's consent. India does not have a specific law criminalizing marital rape. However, in Independent Thought v. Union of India (2017), the Supreme Court held that sexual intercourse with a minor wife, whether or not consented to, amounts to rape under Section 375 of IPC.
Rape of a Child under Section 376AB of IPC: Rape of a child under Section 376AB of IPC is committed when a person rapes a child below the age of 12 years. The punishment for rape of a child is imprisonment for life or with death and fine.
Custodial Rape: Custodial rape refers to the rape of a person who is in police custody, jail, or any other institution. In State of Maharashtra v. Madhukar Narayan Mardikar (1991), the Supreme Court held that custodial rape is an aggravated offense as the victim is in a vulnerable position and the perpetrator has abused his authority.
Rape by a Public Servant: Rape by a public servant is an offense under Section 376(2) (e) of IPC. It is committed when a public servant commits rape in the course of his official duty or in a place of custody or in the place of administration of justice. In State of Punjab v. Gurmit Singh (1996), the Supreme Court held that the higher the rank of the public servant, the greater the degree of moral turpitude.
Rape during Communal or Ethnic Violence: Rape during communal or ethnic violence is an aggravated offense as it is used as a tool to terrorize and subjugate a particular community. In Bilkis Bano v. State of Gujarat (2017), the Supreme Court upheld the conviction of 12 persons
1)The Nirbhaya case, also known as the Delhi gang rape case, was a highly publicized case of sexual assault that took place on December 16, 2012, in the Indian capital of Delhi. The victim, a 23-year-old woman, was traveling home with her male friend after watching a movie when they were assaulted by six men in a private bus. The men took turns raping the woman while her male friend was beaten and forced to watch. The attackers then threw the two victims out of the bus and fled the scene.
The incident sparked outrage across the country and led to widespread protests demanding justice for the victim and an end to gender-based violence. The case also led to a series of changes in Indian laws related to sexual assault and rape, including increased punishments for perpetrators and the introduction of special fast-track courts to handle such cases.
Arguments:
- The victim and her male friend were assaulted by six men in a private bus.
- The men took turns raping the woman while her male friend was beaten and forced to watch.
- The attackers then threw the two victims out of the bus and fled the scene.
- The incident sparked widespread protests demanding justice for the victim and an end to gender-based violence.
Judgment:
The six accused were arrested and charged with rape, murder, and kidnapping. In February 2013, a juvenile court found one of the accused, who was 17 years old at the time of the crime, guilty of rape and sentenced him to three years in a reform facility. In September 2013, the remaining five accused were found guilty of the charges and were sentenced to death by the Delhi High Court in 2014. However, their sentences were commuted to life imprisonment by the Supreme Court of India in 2017 due to legal technicalities.
2)Vishakha and Ors. v. State of Rajasthan and Ors. is a landmark case in India that led to the establishment of guidelines against sexual harassment at the workplace.
Facts: Bhanwari Devi, a social worker, was gang-raped in 1992 by a group of men belonging to a higher caste, when she tried to stop a child marriage. The accused were let off by the lower court, which argued that since the victim belonged to a lower caste, rape was not possible. This incident led to protests and outrage across the country, and several women's organizations came together to demand legal reform against sexual harassment at the workplace.
Arguments: The petitioners argued that sexual harassment was a violation of the fundamental rights of women under Articles 14, 15, and 21 of the Constitution of India. They also argued that there was no specific law in India that dealt with sexual harassment at the workplace and that the existing criminal law was inadequate in addressing such cases.
Judgment: The Supreme Court of India, in its judgment in 1997, held that sexual harassment at the workplace violates the fundamental rights of women and amounts to a violation of the right to life and liberty under Article 21 of the Constitution. The Court relied on international conventions and judicial decisions from other countries to define sexual harassment and laid down guidelines to be followed by employers and other authorities to prevent and address sexual harassment complaints. These guidelines were known as the "Vishakha Guidelines". The Court also directed all employers, educational institutions, and other authorities to ensure that the guidelines were strictly adhered to and that any violation would be met with disciplinary action. The Court further stated that in the absence of a specific law, the guidelines would be treated as the law of the land until a suitable legislation was enacted by the Indian Parliament.
3) Kathua rape case.
The Kathua rape case refers to a horrific incident that took place in the Jammu and Kashmir region of India in 2018. A 8-year-old girl from the nomadic Bakarwal community was kidnapped, drugged, raped, and murdered in the Rasana village of Kathua district. The accused were members of the Hindu Rashtra Sena, a right-wing extremist group, who claimed that the victim was part of a plot to kidnap and convert Hindu girls to Islam.
The case sparked widespread outrage and protests across India, with many calling for justice for the victim and her family. The police arrested and charged eight people, including a former legislator and a police officer, with various offenses including murder, kidnapping, and rape.
The case was widely covered in the media, and there were numerous debates and discussions about the legal and moral implications of the incident. Some argued that the case was a clear example of religious bias and discrimination, as the victim and her family were members of a minority community. Others pointed out that the incident was a result of a broader social and cultural shift in India, where there has been a rise in hate crimes and violence against marginalized communities.
From a legal standpoint, the case was prosecuted under various sections of the Indian Penal Code (IPC), including sections 376 (rape), 365 (kidnapping), and 201 (causing disappearance of evidence of offense). The accused were also charged with offenses under the Jammu and Kashmir Ranbir Penal Code (JKRPC), including sections 302 (murder) and 120B (criminal conspiracy).
The case was also the subject of intense legal scrutiny, with the High Court of Jammu and Kashmir and the Supreme Court of India both hearing multiple appeals and petitions related to the case. In August 2020, the Supreme Court of India ordered the trial court to conduct a fair and impartial trial, and to ensure that the victim's family was provided with adequate protection and support.
The verdict in the case was handed down in September 2021, with all the accused being convicted of various charges. The trial court also imposed death sentences on the main accused, Sanji Ram, and his son Vishal, who were found guilty of the rape and murder of the girl. However, the convictions and sentences were met with mixed reactions, with some praising the verdict as a step towards justice, and others criticizing it as politically motivated.
IPC Sections: The accused were charged under various sections of the IPC, including:
- Section 120B (criminal conspiracy)
- Section 342 (wrongful confinement)
- Section 343 (wrongful confinement for three or more days)
- Section 376 (rape)
- Section 376D (gang-rape)
- Section 302 (murder)
- Section 201 (destruction of evidence)
Overall, the Kathua rape case was a tragic and highly publicized incident that highlighted the ongoing challenges faced by marginalized communities in India. While the legal process eventually resulted in convictions for the accused, the case also exposed deep-seated social and cultural biases that continue to impact the lives of many Indians.
4) The Hathras GangRape Case
The Hathras gangrape case refers to the brutal assault and gangrape of a 19-year-old Dalit woman in the Hathras district of Uttar Pradesh, India in September 2020. The victim succumbed to her injuries and died two weeks later at a hospital in Delhi. The case led to widespread protests and outrage across India over the issue of violence against women and the handling of such cases by the authorities.
Facts: The victim was allegedly gang-raped by four upper-caste men on September 14, 2020, in her village in Hathras district. The victim was found by her family in a field with severe injuries, including a fractured spine and paralysis. She was initially treated in a local hospital and then transferred to a hospital in Delhi, where she died on September 29, 2020.
Arguments: The case sparked widespread protests and outrage across India, with many people criticizing the Uttar Pradesh government and police for their handling of the case. The family of the victim accused the police of delaying the investigation and attempting to cover up the crime. The police were also criticized for forcibly cremating the victim's body in the middle of the night without the consent of her family.
Judgment: The four accused in the case were charged with gangrape, attempt to murder, and other offenses under the Indian Penal Code. The case is still ongoing, and the accused are currently in judicial custody. The Uttar Pradesh government has also faced criticism for their handling of the case, with many people calling for a more transparent and fair investigation.
IPC Sections: The accused were charged under several sections of the Indian Penal Code, including:
- Section 376D (gangrape)
- Section 307 (attempt to murder)
- Section 201 (destruction of evidence)
- Section 506 (criminal intimidation)
The Shakti Mills rape case:
The Shakti Mills rape case is a landmark case in India that led to significant changes in the criminal law regarding rape and sexual assault. The case involves two separate incidents of rape that occurred within a span of a few weeks in the premises of the Shakti Mills, a defunct textile mill in Mumbai, Maharashtra, in 2013. Facts: The first incident took place on July 31, 2013, where a 22-year-old photojournalist was raped by five men inside the deserted Shakti Mills. The accused lured her into the mill premises on the pretext of allowing her to take photographs. The victim was tied up, and the accused took turns to rape her. The second incident took place on August 22, 2013, where a 19-year-old telephone operator was raped by three men in the same premises. The accused threatened her with a broken beer bottle and raped her. Arguments: The Mumbai police formed a special team to investigate the case, and they were able to arrest all the accused within a few days. The accused were charged with gang rape, unnatural sex, and criminal conspiracy under various sections of the Indian Penal Code, including Section 376D, which was added to the IPC after the 2012 Delhi gang rape case. The trial of the accused began in April 2014, and the prosecution examined 44 witnesses to establish their case. The defense counsel argued that the victims had consented to the sexual acts and that they were falsely implicating the accused due to pressure from the media and public outrage. Judgment: In March 2014, the Mumbai sessions court convicted all five accused in the first case and sentenced them to life imprisonment. In the second case, three accused were convicted and sentenced to life imprisonment, while two others were acquitted due to lack of evidence. The defense counsel challenged the conviction in the Bombay High Court, but the court upheld the sessions court's verdict in both cases. The accused then approached the Supreme Court, which refused to entertain their appeal and upheld the High Court's judgment. The Shakti Mills rape case resulted in significant changes in the criminal law regarding rape and sexual assault in India. The case led to the introduction of the Criminal Law (Amendment) Act, 2013, which increased the punishment for sexual offenses and added new offenses, such as stalking and acid attacks, to the IPC. The case also highlighted the need for better implementation of existing laws and greater sensitivity towards victims of sexual offenses in the criminal justice system. IPC sections involved: Section 376D – Gang rape Section 377 – Unnatural offences Section 120B – Criminal conspiracy.
6) The Franco Mulakkal rape case was a high-profile case of alleged rape and sexual assault by a Roman Catholic bishop, Franco Mulakkal, on a nun in Kerala, India. The case gained national and international attention due to the involvement of a religious figure and the perceived inaction of the Church authorities.
Facts: In June 2018, a 44-year-old nun accused Franco Mulakkal, the Bishop of Jalandhar, of raping her multiple times between 2014 and 2016, while she was working as a teacher and superior at a convent in Kuravilangad, Kerala. The nun filed a complaint with the police, but there was no immediate action taken against the Bishop due to his influence and power in the Church. However, after public protests and media scrutiny, the police arrested the Bishop on 21 September 2018, after questioning him for several hours. The Bishop was then charged with rape, wrongful confinement, and intimidation under the Indian Penal Code.
Arguments: During the trial, the prosecution presented the testimonies of several witnesses, including the victim, who recounted the alleged incidents of rape and harassment by the Bishop. The defense argued that the case was a result of a conspiracy against the Bishop and that the allegations were baseless. They also claimed that the victim had consensual sexual relations with the Bishop and that the case was a result of a personal vendetta.
Judgment: The trial continued for nearly three years, during which the Bishop was released on bail. On 7 September 2021, the Additional Sessions Court in Kottayam, Kerala, acquitted the Bishop of all charges, citing lack of evidence. The judgment sparked outrage among women's rights activists and supporters of the victim, who alleged that the justice system failed to deliver justice for the victim. The prosecution is expected to appeal against the verdict in a higher court.
IPC sections: The Bishop was charged under Section 376 (rape), Section 342 (wrongful confinement), Section 376 (2) (k) (rape by a person in a position of authority), and Section 506 (criminal intimidation) of the Indian Penal Code
7) 2019 Hyderabad Rape Case
In November 2019, a horrific gang-rape and murder of a young veterinarian in Hyderabad shocked the nation. The case, also known as the Disha case, led to widespread protests across the country and renewed calls for stronger laws to prevent such crimes.
Facts: On the night of November 27, 2019, a 26-year-old veterinarian was abducted, gang-raped, and murdered by four men in Hyderabad. The accused had set up a trap by puncturing the tires of her scooter, and then offered to help her. They took her to a deserted place near a toll booth where they gang-raped her and later burnt her body.
Arguments: The accused were arrested and charged with rape, murder, destruction of evidence, and kidnapping. They pleaded not guilty and claimed that they were framed. The defense also argued that the prosecution had not presented sufficient evidence to prove their guilt.
Judgment: On December 6, 2019, the Cyberabad Metropolitan Magistrate Court in Telangana found all four accused guilty and sentenced them to death under Sections 376(2)(f), 376A, and 302 of the Indian Penal Code. The court held that the prosecution had presented conclusive evidence, including DNA reports and CCTV footage, to prove the guilt of the accused. The court also observed that the crime was heinous, brutal, and barbaric, and that the accused deserved no mercy.
IPC sections: The accused were charged under the following IPC sections:
- Section 376(2)(f) - Punishment for rape: Imprisonment of not less than 10 years and up to life imprisonment.
- Section 376A - Punishment for causing death or resulting in a persistent vegetative state of the victim: Imprisonment of not less than 20 years and up to life imprisonment or death.
- Section 302 - Punishment for murder: Death sentence or life imprisonment with a fine.
- The rapist was killed in an encounter as per the Telangana Police.
8) The Jisha rape and murder case refers to the brutal rape and murder of a 29-year-old law student in Kerala, India in 2016. The case received widespread attention and was one of the most gruesome and heinous crimes in the state.
The Jisha rape case refers to the brutal rape and murder of a 29-year-old law student in Kerala, India in April 2016. The victim, who lived in a small house with her mother, was found dead with severe injuries to her head, face and other parts of her body. The crime was committed in a barbaric manner and caused widespread outrage and protests across the country.
The police launched a massive manhunt to find the perpetrators of the crime. After conducting extensive investigations and collecting evidence, they arrested a migrant worker named Ameer ul-Islam for the crime. The accused was a worker in a local factory and had been living in the area for several years.
During the trial, the prosecution presented evidence such as DNA samples and forensic reports to prove the guilt of the accused. The defense tried to argue that there was no direct evidence linking the accused to the crime, but the prosecution countered these arguments with strong evidence..
Arguments: During the trial, the prosecution presented evidence including DNA samples, fingerprints, and CCTV footage to establish the involvement of the accused. The defense argued that there was no evidence to prove the involvement of the accused and that the prosecution’s case was based on circumstantial evidence.
Judgment: In December 2017, the Special Investigation Team (SIT) court convicted Ameerul Islam and sentenced him to death. The court observed that the crime was premeditated, and the accused showed no remorse for his actions. The court also noted that the victim had suffered a brutal and painful death, and the case had shaken the conscience of the society. The accused appealed to the Kerala High Court, which upheld the death penalty in 2019.
IPC sections: The accused was charged under various sections of the Indian Penal Code, including Section 376 (rape), Section 302 (murder), and Section 449 (house trespass in order to commit an offense).