Report No. 42

157. Substitution of new sections for sections 375 to 377.-

For the heading "Of Rape" and sections 375 to 377 of the Code, the following heading and sections shall be substituted, namely.-

"Sexual Offences

375. Rape.- A man is said to commit rape who has sexual intercourse with a woman, other than his wife.-

(a) against her will, or

(b) without her consent, or

(c) with her consent when it has been obtained by putting her in fear of death or of hurt, either to herself or to anyone else present at the place, or

(d) with her consent, knowing that is given in the belief that he is her husband.

Explanation I.-Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Explanation II.-A woman living separately from her husband under a decree of judicial separation or by mutual agreement shall be deemed to be a woman other than his wife for the purpose of this section.

376. Punishment for rape.- Whoever commits rape shall be punished with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine.

376A. Sexual intercourse with child wife.-Whoever has sexual intercourse with his wife, the wife being under fifteen years of age, shall be punishe.-

(a) if she is under twelve years of age, with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine; and

(b) in any other case, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

376B. Illicit intercourse with a girl between twelve and sixteen.- Whoever has illicit sexual intercourse with a girl under sixteen years, but not under twelve years of age, with her consent, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

It shall be a defence to a charge under this section for the accused to prove that he, in good faith, believed the girl to be above sixteen years of age.

376C. Illicit intercourse of public servant with woman in his custody.- Whoever, being a public servant, compels or seduces to illicit sexual intercourse any woman who is in his custody as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

376 D. Illicit intercourse of superintendent etc. with in mate of women's or children's institution.- Whoever, being the superintendent or manager of a women's or children's institution or holding any other office in such institution by virtue of which he can exercise any authority or control over its inmates, compels or seduces to illicit sexual intercourse any female inmate of the institution shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation.-In this section, "women's or children's institution" means an institution, whether called an orphanage, home for neglected women or children, widow's home or by any other name, which is established and maintained for the reception and care of women or children, but does not includ.-

(a) any hostel or boarding house attached to, or controlled or recognised by, an educational institution, or

(b) any reformatory, certified or other school, or any home or workhouse, governed by any enactment for the time being in force.

376E. Illicit intercourse of manager etc. of a hospital with mentally disordered patient.- Whoever, being concerned with the management of a hospital or being on the staff of a hospital, has illicit sexual intercourse with a woman who is receiving treatment for a mental disorder in that hospital, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation.-It shall be a defence to a charge under this section for the accused to prove that he did not know, and had no reason to believe, that the woman was a mentally disordered patient.

377. Buggery.- Whoever voluntarily has carnal intercourse against the order of nature with any man or woman shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and where such offence is committed by a person over eighteen years of age with a person under that age, the imprisonment may extend to seven years.

Explanation.-Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section."