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Report No. 84

XIII. Recommendation

2.24. Recommendation as to section 375.-

In the light of the above discussion, we recommend that section 375 of the Penal Code should be revised as under:-

Revised section 375, Indian Penal Code

"375. Rape.- A man is said to commit 'rape' who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:-

First.- Against her will.

[Ex. section 375, first clause]

Secondly.- Without her free and voluntary consent.

[Ex. section 375, second clause amplified]

Thirdly.- With her consent, when her consent has been obtained by putting her in fear of death or of hurt or of any injury either to herself or to any other person or by criminal intimidation as defined in section 503.

[Ex. section 375, third clause amplified)

Fourthly.- With her consent,

(a) when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married, or

(b) when her consent is given under a misconception of fact, when the man knows or has reason to believe that the consent was given in consequence of such misconception.

[Ex. section 375, fourth clause amplified]

Fifthly.- With her consent, if the consent is given by a woman who, from unsoundness of mind or intoxication or by reason of the consumption or administration of any stupefying1 or unwholesome substance, in unable to understand the nature and consequences of that to which she gives consent, or is unable to offer effective resistance.


Sixthly.- With or without her consent, when she is under eighteen years of age.

[Ex. section 375, fifth clause modified]

Exception.- Sexual intercourse by a man with his own wife, the wife not being under eighteen years of age, is not rape.

[Ex. section 375, exception modified]

Explanation 1.- Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

[Ex. section 375, Explanation]

1. Cf. section 328, Indian Penal Code.

Explanation 2.- 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 purposes of this section."

[As to the second Explanation, see the earlier Report1].

1. Law Commission of India, 42nd Report (Indian Penal Code).

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

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