Official Text
“Whoever, except in the cases provided for in sub-section (2), commits rape shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.”
Legal Analysis
Elements to Prove:
- The accused had sexual intercourse with the victim.
- The sexual intercourse was without the consent of the victim.
- The victim did not give valid consent due to various factors.
- The accused had the requisite mental state.
Potential Defenses:
- Valid consent was given
- Mistake of fact regarding consent
- Accused was below 12 years of age
- Accused was insane at the time
- Accused acted under duress
Practical Examples
What Constitutes the Offense:
Non-consensual sexual intercourse, sexual assault with objects, gang rape, rape of minors, rape by persons in authority, marital rape (in certain circumstances).
What Doesn't Constitute:
Consensual sexual activity between adults, medical procedures with consent, lawful arrest and search procedures, self-defense actions.
Important Case Laws
Sakshi v. Union of India (2004)
The Supreme Court held that rape is not merely a physical assault but an injury to the mental psyche of the victim. The court emphasized the need for sensitive handling of rape cases.
State of Punjab v. Gurmit Singh (1996)
The court held that the testimony of a rape victim is entitled to great weight and can form the basis of conviction without corroboration if it inspires confidence.
Punishment
Rigorous imprisonment not less than 10 years but which may extend to imprisonment for life, and fine
Related Information
Connected Sections:
Section 375 (Definition of rape), Section 376A (Punishment for causing death or resulting in persistent vegetative state), Section 376B (Sexual intercourse by husband upon his wife during separation).
Procedural Aspects:
The case is triable by a Court of Session. In-camera proceedings are mandatory. The identity of the victim is protected. Enhanced punishment for certain categories.