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Report No. 84

II. Recommendation in 42nd Report

2.3. Earlier Report.-

Here, it would be appropriate to reproduce the re-draft of the relevant sections as recommended in the 42nd Report of the Commission:

Re-draft of sections 375 to 376E as recommended in 42nd Report:

"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 it 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 I.- A woman living separately from her husband under a decree of judicial separation or by mutual agreement shall be deemed not to be 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 punished-

(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 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 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."

"376D. Illicit intercourse of superintendent etc. with inmate 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 include-

(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."



Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back




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