Law against Rape, punishment for rape - Section -375, 376, 376A, 376B, 376C, 376D of Indian Penal Code 1860 - Rape is a heinous crime like murder

Shocking rape incidents are increasing in India; most of them are in the barbarian nature. Even though there are strict provisions for punishment in the Criminal law, number of rape cases is increasing. Rape is just like death in the life of women, but those who do it never think of it. These criminals know that the victims are daughter or wife of another man. But those who do not have mental balance to understand these things are generally committing crime.

  
Demand of Society - Death penalty / capital punishment for those who commit rape
Continuous increase in the rape incidents are a big concern for the society and people started demanding to adopt provision for death penalty/ capital punishment. In another part of the world there is hug campaign to stop capital punishment. In such situation the impact of adopting capital punishment provision in rape law should be analyzed thoroughly.
 
What is the reason for rape?
The reason for rape may be enmity, sudden provocation, sexual desire, mad love or anything which lead the man to commit this heinous crime. But whatever may be the reason, rape is a barbarian act and the criminals should be strictly punished.
 
Is strict tradition and sex law in Indian Society, a reason for rape?
If we think about the strict tradition and structure of Indian society, we can see that those who have a husband or wife only have the right to do sex. All others are banned from doing such act and they do not have any option to fulfill their sexual desire (some people in the society have already find exception). We should analyze our custom and tradition also to identify the real reasons behind rape and prevent such incidents.  
 
Existing law in India against rape and sexual crime
As per Section 376(1) of Indian Penal Code whoever commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine. This punishment provision is not a for a short period and those who commit rape will be imprisoned for at least 7 years or may be for life or for a term which may be extended to 10 years. The effective implementation of the existing law will also help to prevent the crime to a great extend.
 
Why not it better to develop preventive measures than adopting capital punishment provision in the criminal law?
 After committing rape the future of victim as well as the criminal will be in dark. Capital punishment provision may help to give punishment to the criminal. Dependent of the criminal may also be punished indirectly. What about the future of the victim? Rest of her life time will be spending in court premises to fight the case.

     
What are the preventive measures?
Conduct social awareness programs regularly
We have succeeded in conducting social awareness program for many subjects. And we are not even ready to throw away the corrupt politicians from our society, because they have deep influence in the Society. Then why can't we use our skill to conduct social awareness program to protect the life of women in India?
 
Speedy Trial of Existing Rape cases
In current situation another agony for the rape victim is the trial time in court which will eat the rest of her life time. Rape trials should be conducted in fast track court and the punishment should be given in short period.
 
Current Provisions against rape in Indian Penal Code 1860
Rape - Section 375 of Indian Penal Code 1860
As per section 375 of Indian penal code 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
Secondly - Without her consent

Thirdly- With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
 
Fourthly- With her consent, 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.
 
Fifthly - With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly - With or without her consent, when she is under sixteen years of age
 
Explanation- Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

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


Punishment for Rape -Section 376 of Indian Penal Code
(1) Whoever, except in the cases provided for by subsection (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:


Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.
 
(2) Whoever,-
(a) being a police officer commits rape-
(i) within the limits of the police station to which he is appointed; or
(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or
(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or
 
(b) being, a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or
 
(c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or
 
(d) being, on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

(e) commits rape on a woman knowing her to be pregnant; or

(f) commits rape on a woman when she is under twelve years of age; or 
 
(g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.


Gang Rape - Each of the person committed rape shall be deemed to have committed gang rape
As per Explanation 1- Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.


As per Explanation 2- "Women's or children's institution" means an institution, whether called an orphanage or a home for neglected woman or children or a widows' home or by any other name, which is established and maintained for the reception and care of woman or children.


As per Explanation 3- "Hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring, medical attention or rehabilitation.]


Intercourse by a man with his wife during separation- 376A of Indian Penal Code
As per Section 376 A of Indian Penal Code, whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent, shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.]

Intercourse by public servant with woman in his custody- Section 376B of Indian Penal Code
As per section 376 B of Indian Penal Code whoever, being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.]


Intercourse by superintendent of jail, remand home, etc -Section 376C of Indian Penal Code
Whoever, being the superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
As per Explanation 1 in section 376C  of Indian Penal Code  "Superintendent" in relation to jail, remand home or other place of custody or a women's or- children's institution includes a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates.


As per Explanation 2 in section 376C  of Indian Penal Code   the expression "women's or children's institution" shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.]


Intercourse by any member of the management or staff of a hospital with any woman in that hospital- Section 376D of Indian Penal Code


As per section 376 D of Indian Penal Code, whoever, being on the management of a hospital or hem on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.

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