...Per Lokur, J.Section 375 Exception 2 IPCThe issue before the Court in this case is limited to the question—whether...and above.(Paras 1 and 2)Section 375 IPC defines “rape”. This section was inserted in IPC in its present form.... However, Exception 2 to Section 375 IPC provides that it is not rape if a man has sexual intercourse with a girl above 15 years of age and if that girl is his wife. In other words, a husband can have...

...further submitted that while convicting the accused for the offence under Section 376 IPC and while holding that the accused committed the rape under Section 375 IPC, the courts below have not at all...promise” and cannot be said to be a rape under Section 375 IPC.6.5. In support of his submissions, Shri S. Nagamuthu, learned Senior Advocate has heavily relied upon the...learned advocates appearing on behalf of the respondent State as well as the original complainant prosecutrix have relied upon certain decisions of this Court on Section 375 IPC, Section 90 IPC and on...

...377 or 354 IPC and not as a sexual offence under Sections 375/376 IPC. It has been found that offences such as sexual abuse of minor children and women by penetration other than penile/vaginal...understood under Sections 375/376, have been treated as offences falling under Section 354 IPC as outraging the modesty of a woman or under Section 377 IPC as unnatural offences....3. The petitioner through the present petition contends that the narrow understanding and application of rape under Sections 375/376 IPC only to the cases of penile/vaginal penetration runs contrary...

...was having close acquaintance with the family of PW 2 and he was not a stranger to her on the date of the incident.12. Section 375 IPC defines the expression “rape”, which...complained of. Section 90 IPC refers to the expression “consent”. Section 90, though, does not define “consent”, but describes what is not consent. “Consent”, for the purpose of Section 375, requires....14. This Court examined the scope of Section 375 IPC in a case where the facts have some resemblance with the one in hand. Reference may be made to the judgment of this Court in...

...Sections 354 and 506 IPC. So far as the offence punishable under Section 376 IPC is concerned, the basic ingredients are set out in Section 375 IPC. On a reading of the evidence of the prosecutrix, we...somebody else. The accused faced trial for offences punishable under Sections 376, 354 and 506 of the Penal Code, 1860 (in short “IPC”).3. The learned Additional Sessions Judge..., thereafter, there was total silence of nearly two years, casts doubt on the authenticity of the prosecution version. In any event, it is submitted, that the offence punishable under Section 376 IPC is not...

.... Pressing into service Section 375 read with Section 90 of IPC, he submitted that the prosecutrix having admitted in her evidence that she was a consenting party to the sexual relationship with the appellant...had committed rape within the meaning of Clause-Secondly of Section 375 read with Section 90 of IPC. According to him, the very fact that the prosecutrix had lodged the complaint in March 2015 after...Clause - Secondly of Section 375 IPC. Ms. Indira Jaising has also relied upon various decisions of this Court in support of her submissions.9. For the better appreciation...

....10. Section 375 IPC defines “rape” as follows:“375. Rape.—A man is said to commit ‘rape’ who, except in the case hereinafter excepted, has...observing that the prosecutrix could be even 19 years of age at the time of alleged occurrence.15. Be that as it may, in our view, clause Sixthly of Section 375 IPC is not...Section 375 IPC is attracted. The expressions “against her will” and “without her consent” may overlap sometimes but surely the two expressions in clause Firstly and clause Secondly have different...

...sufficient and would complete the offence of rape as contemplated under Section 375 IPC and thus both the courts below were justified in finding him guilty under Section 376 IPC and awarding him punishment...cannot be said that an offence of rape was committed on her by the appellant. This contention cannot be accepted as the offence of rape has been defined in Section 375 IPC. Explanation to Section 375...offence under Sections 366 and 376 of the Penal Code, 1860 (for short “IPC”) and the co-accused Sneh Lata was charged under Sections 342 and 366 IPC in the Court of the Third Additional Sessions Judge...

...3(1)(u), (w) and 3(2)(vii) of the SC/ST Act. Section 376 IPC prescribes the punishment for the offence of rape which is set out in Section 375. Section 375 prescribes seven descriptions of how the...offence of rape may be committed. For the present purposes only the second such description, along with Section 90 IPC is relevant and is set out below:“375. Rape.—A man is...promise to marry), stands vitiated.12. This Court has repeatedly held that consent with respect to Section 375 IPC involves an active understanding of the circumstances...

.... Section 375 IPC defines the offence of rape, and enumerates six descriptions of the offence. The description “secondly” speaks of rape “without her consent”. Thus, sexual intercourse by a man with a woman...intercourse under a misconception of fact i.e that he would marry her and thus made her pregnant. He is thus guilty of rape as defined under Section 375 IPC and is liable to be punished for the offence...the offence of rape as defined under Section 375 IPC.22. The answer to Point (iii) is pertaining to the question of sentence awarded by the trial court to the accused...

...IPC. In order to arrive at the correct conclusion, we deem it appropriate to examine the basic ingredients of Section 375 IPC punishable under Section 376 IPC to demonstrate whether the conviction of...the appellant under Sections 376/511 IPC is sustainable.“375. Rape.—A man is said to commit ‘rape’ who, except in the case hereinafter excepted, has sexual intercourse...man with his own wife, the wife not being under fifteen years of age, is not rape.”10. Under Section 375 IPC, six categories indicated above are the basic...

...offence is punishable under Section 376 of the IPC if the offence of rape is established in terms of Section 375 which sets out the ingredients of the offence. In the present case, the second description of...Section 375 along with Section 90 of the IPC is relevant which is set out below.“375. Rape - A man is said to commit “rape” if he...consent with respect to Section 375 of the IPC involves an active understanding of the circumstances, actions and consequences of the proposed act. An individual who makes a reasoned choice to act...

...1. Is actual entry of penis through vagina essential, to constitute “rape” under Section 375 of the Indian Penal Code (‘IPC’ for short)? In the absence of penile-vaginal entry, will the...offence of “rape” be made out, under Section 375 IPC? What does the expression “penetration” in Explanation to Section 375 IPC mean? These are the main questions which arise for consideration in this...no “penetration” or even “partial penetration” into the vagina. “Penetration” is an essential ingredient of Section 375 IPC, but there was no “penetration” or even “partial penetration”, as per the...

...case at hand was covered by clause “Fourthly” of Section 375 IPC and, therefore, was guilty of the offence and was liable for punishment under Section 376 IPC. Accordingly, the conviction, as done, was...intercourse with him, clause “Fourthly” of Section 375 IPC would have no application. It was also submitted that the fact that the complainant knew about his being a married man, is clearly established from the...clause “Fourthly” of Section 375 IPC is applicable. Learned counsel for the complainant submitted that this was a case where no reduction in sentence was uncalled for. The High Court proceeded on an...

...assault as provided under Section 375 IPC. It was also stated that the victim, thereafter, heard her father calling her and then the accused ran away from the place of occurrence.5. The...will by threatening her and had committed the offence of penetrative sexual assault as provided under Section 375 IPC. PW-2 further states that on the next date, an ejahar was lodged before the Police...jungle and had committed the offence of penetrative sexual assault as provided under Section 375 IPC by opening her clothes and also by threatening her with a dao.7. During cross...

...375 IPC is therefore, made out. The questions put to the appellant under Section 313 CrPC were very casual and perfunctory, leading to denial of proper opportunity of defence causing serious...prosecutrix gave her consent on a misconception of fact, the offence of rape under Section 375 IPC is clearly made out. It is not possible to hold in the nature of evidence on record that the appellant...Navin Sinha, J.— Leave granted. The appellant assails his conviction under Sections 376, 323 and 341 of the Penal Code, 1860 (in short “IPC”) sentencing him to seven years...

...not liable to be punished in view of the definition of “rape” under Section 375 IPC, namely, clause sixthly. This submission deserves outright rejection.11. The question...-1964. Therefore, she was below 16 years of age on 10-7-1980 and her consent, if any, is immaterial under clause sixthly of the definition of “rape” under Section 375 IPC.19...to finish her if she shouted and then forcibly ravished her sexually. In our view, a clear case of rape, as defined under Section 375 clause thirdly IPC has been established against the accused. It is...

...having sexual intercourse with PW 12 “without her consent” (vide clause secondly of Section 375 IPC). Though will and consent often interlace and an act done against the will of a person can be said to...the questions which have come up for debate directly or incidentally.16. The concept and dimensions of “consent” in the context of Section 375 IPC have been viewed...voluntary or whether it was vitiated so as not to be legal consent.”24. There is a good analysis of the expression “consent” in the context of Section 375 IPC by...

...that when the accused committed sexual intercourse with the prosecutrix holding out a promise for marriage whether this will amount to a consent or not? Section 375 IPC enumerates six circumstances....9. The question in the present case is whether this conduct of the accused apparently falls under any of the six descriptions of Section 375 IPC as mentioned above. It is clear that the prosecutrix...under Section 376 of the Indian Penal Code (for short “IPC”) to undergo rigorous imprisonment for 7 years and a fine of Rs 100, in default, to further undergo simple imprisonment for one week and under...

...was willing to have sexual relations with the prosecutrix on a promise to marry with her. One of the ingredient of Section 375 IPC is that sexual intercourse should be committed against the will of...the woman, therefore the requirement of Section 375 IPC is prima facie is not fulfilled. The learned Panel Lawyer argued that no marrying with the prosecutrix was a fraud committed by the applicant no...A charge has been framed against the applicant no. 1 Prahalad for committing an offence under Section 376 and 306 read with Section 34 of the IPC. Charges...