...Per Lokur, J.Section 375 Exception 2 IPCThe issue before the Court in this case is limited to the question—whether sexual....(Paras 1 and 2)Section 375 IPC defines “rape”. This section was inserted in IPC in its present form by an amendment carried out on 3-2-2013...“statutory rape” in which the willingness or consent of a woman below the age of 18 years for having sexual intercourse is rendered irrelevant and inconsequential. However, Exception 2 to Section 375 IPC provides...

...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...“breach of 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...original complainant prosecutrix have relied upon certain decisions of this Court on Section 375 IPC, Section 90 IPC and on consent on misconception of fact and on consensual sex, which will be...

...treat sexual violence, other than penile/vaginal penetration, as lesser offences falling under either Section 377 or 354 IPC and not as a sexual offence under Sections 375/376 IPC. It has been found that...the victims is in no manner less than the trauma of penile/vaginal penetration as traditionally understood under Sections 375/376, have been treated as offences falling under Section 354 IPC as...application of rape under Sections 375/376 IPC only to the cases of penile/vaginal penetration runs contrary to the existing contemporary understanding of rape as an intent to humiliate, violate and...

...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.... 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 Deelip Singh v. State of...

...under 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...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..., 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...

.... 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...-accused 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...for about five years, could not be said to have continued under the ‘misconception of fact’ under Section 90 and could not be said to be ‘rape’ under Section 375 IPC.7...

...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...appellant. This contention cannot be accepted as the offence of rape has been defined in Section 375 IPC. Explanation to Section 375 reads thus:“Explanation.—Penetration is...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...

....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 sexual...as it may, in our view, clause Sixthly of Section 375 IPC is not attracted since the prosecutrix has been found to be above 16 years (although below 18 years). In the facts of the case what is crucial...to be considered is whether clause Firstly or clause Secondly of Section 375 IPC is attracted. The expressions “against her will” and “without her consent” may overlap sometimes but surely the two...

...are related to each other.17. Section 376 IPC prescribes the punishment for the offence of rape. Section 375 IPC defines the offence of rape, and enumerates six descriptions...is thus guilty of rape as defined under Section 375 IPC and is liable to be punished for the offence under Section 376 IPC. The trial court was absolutely correct in appreciating the evidence on record...rape, by reversing the judgment and order of the High Court. We find the respondent-accused guilty of the offence of rape as defined under Section 375 IPC.22. The...

...Sections 376, 417, 504 and 506(2) IPC and Sections 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...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...

...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....—Sexual intercourse by a 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...taken her to his gumti with the intention of committing sexual intercourse with her. The important ingredient of the offence under Section 375 punishable under Section 376 IPC is penetration which is...

...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...:“12. This Court has repeatedly held that consent with respect to Section 375 of the IPC involves an active understanding of the circumstances, actions and consequences of the proposed act...which the second respondent was induced into a sexual relationship. Taking the allegations in the FIR and the charge-sheet as they stand, the crucial ingredients of the offence under Section 375 IPC are...

...medically examined her on 14-4-1999. The physical relations between the appellant and the prosecutrix were consensual in nature occasioned by their love affair. No offence under Section 375 IPC is...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...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...

...Court found that 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...for sexual 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...a clear case where 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...

...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...immaterial under clause sixthly of the definition of “rape” under Section 375 IPC.19. Mr Lalit referred us to the evidence of Dr. Bhimrao, PW 10. Dr. Bhimrao was the Medical...room, closed the door of the room, threatened 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...

...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 be an...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 from....”24. There is a good analysis of the expression “consent” in the context of Section 375 IPC by Tekchand, J. in Rao Harnarain Singh Sheoji Singh v. State AIR 1958 Punj 123...

...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...apparently falls under any of the six descriptions of Section 375 IPC as mentioned above. It is clear that the prosecutrix had sexual intercourse with the accused on the representation made by the...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...

...High Court to exercise inherent power under Section 482 CrPC for quashing of FIR, we need to understand the scope of the offence under Section 375 IPC which deals with rape, punishable under Section 376...IPC. While the said Section 375 deals with various aspects of rape, in the present case, the allegation against the appellant is that the appellant had forced himself on Respondent No. 2 without her.... 19. Section 375 of the IPC clearly postulates that a person is said to have committed rape if he performs any of the sexual acts mentioned under sub-clauses (a), (b), (c) and (d...

...within the ambit of the definition of rape under Section 375 IPC. Inducing a woman to have a sexual relationship on the basis of false promise of marriage would be rape within the meaning of Section...375 IPC. At this stage, the prosecution case is supported by the statement of the prosecutrix recorded under Section 164 Cr.PC. and other corroborating material. It is not a case where the trial...have carefully gone through the definition of rape provided under Section 375 IPC. We have also gone through the provisions of Section 376(2)(n) IPC, which deals with the offence of rape committed...

...“Sexual offences”, which encompasses Sections 375, 376, 376-A, 376-B, 376-C and 376-D IPC. “Rape” is defined in Section 375 IPC. Sections 375 and 376 IPC have been substantially changed by the Criminal...faced trial. The victim suffered ignominy on 5-2-1998. The appellant has been found guilty of the offence punishable under Section 376(2) of the Penal Code, 1860 (in short “IPC”) read with...court found the accused guilty of the offences charged under Section 376(2) IPC and Section 3(2)(v) of the Atrocities Act and sentenced him. The appeal before the Rajasthan High Court, Jaipur Bench...