CrPC Section 375
Section 375 of the Indian Penal Code (IPC) — but before that, a quick note:
CrPC (Criminal Procedure Code) deals with the procedure of criminal law, while Section 375 actually belongs to the Indian Penal Code (IPC), which defines substantive criminal offences. So, Section 375 is part of IPC, not CrPC.
Section 375 IPC — Definition of Rape
What does Section 375 say?
Section 375 defines the offence of rape and lays down the conditions under which sexual intercourse is considered rape.
Key Points:
A man is said to commit rape if he has sexual intercourse with a woman under any of the following circumstances (summarized):
Against her will.
Without her consent.
With her consent, but obtained by coercion, fraud, or misrepresentation.
If she is unable to consent due to unsoundness of mind or intoxication.
If she is under a certain age (child below 16 years — this was the rule before amendments; after the POCSO Act and recent amendments, the age of consent and definitions are more nuanced).
Essential Ingredients of Rape under Section 375 IPC:
Sexual intercourse by a man with a woman.
Lack of consent or consent obtained under coercion/fraud.
The woman’s consent is crucial.
Special situations like minor girls or women incapable of giving consent are included.
Exceptions:
The law also specifies certain exceptions where sexual intercourse is not considered rape, such as:
Consent by a wife above a certain age (though this is controversial and evolving with law amendments).
Sexual intercourse during lawful marriage, unless it amounts to cruelty or other grounds.
Why is this important?
Section 375 is the foundation of rape laws in India, defining when sexual intercourse becomes a criminal offence and guiding prosecutions and punishments under Sections 376 and related provisions.
If you wanted CrPC Section 375, please note there’s no such section in the CrPC. But if you want the full text of IPC Section 375, the latest amendments, or explanations on related procedures (like how cases are investigated under CrPC), I can help with that!
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