Skip to main content

Peace Legal Information: Making Law Simple for Every Citizen

Peace Legal Information: Making Law Simple for Every Citizen

    Table of Contents Introduction — purpose & scope Why legal awareness matters Rights & Duties — equal and reciprocal Role of Police — how to cooperate Everyday laws to keep handy How to use the law to protect yourself Conclusion Introduction — purpose & scope Peace4.in brings plain-English legal information to every person living in or visiting India. This pinned page is a gateway: it explains the site's purpose, how to navigate topic clusters, and how the law can be used to prevent harm and resolve disputes through recognised legal channels. We focus only on Indian legal context and practical steps. Our aim is to increase legal literacy, encourage lawful behaviour, and support peaceful, constructive resolution of conflicts. ↑ Back to top Why legal awareness matters Legal knowledge empowers you to avoid common mistakes, make informed decisions, and acc...
Read more
Labels

What Counts as Rape Under Indian Law? Understanding Section 375 IPC

What Counts as Rape Under Indian Law? Understanding Section 375 IPC


Important information on What Counts as Rape Under Indian Law? Understanding Section 375 IPC

Jump to Section:

What Is Rape Under Section 375 IPC?

Section 375 of the Indian Penal Code (IPC) defines the act of rape. According to this law, a man is said to commit rape if he engages in sexual intercourse with a woman under any of the following circumstances:

  • Against her will
  • Without her consent
  • With her consent, but obtained through fear of death or hurt
  • With her consent, when she believes he is her husband (but he is not)
  • When she is unable to give valid consent due to unsoundness of mind, intoxication, or being underage (below 18)

(Back to Top)

Consent must be given freely, voluntarily, and with full understanding. It must not be obtained through coercion, deception, or fear. Importantly, consent once given can be withdrawn at any point during the act. If the act continues after withdrawal, it constitutes rape.

Silence does not equal consent. Active and informed participation is essential.

(Back to Top)

Are There Any Exceptions?

Yes. Indian law currently includes a controversial exception under Section 375: Sexual intercourse by a man with his own wife (provided she is not under 15 years of age) is not considered rape. This is known as the marital rape exception and has been the subject of intense debate and legal challenges in recent years.

(Back to Top)

Punishment for Rape in India

Under Section 376 IPC, the punishment for rape is rigorous imprisonment of not less than 10 years, which may extend to life imprisonment, and also includes a fine. In cases involving minors (under the POCSO Act), punishments are even stricter, including the death penalty for aggravated rape.

(Back to Top)

Your Rights as a Survivor

As a survivor of rape in India, you are entitled to:

  • Free and immediate medical aid
  • Legal aid and support
  • Protection of identity and privacy during legal proceedings
  • Counselling and rehabilitation support
  • Compensation under victim compensation schemes

Police must register an FIR without delay or questioning the survivor’s character or clothing.

(Back to Top)

(Back to Top)

Labels:
Location: India