Sexual offences

Sexual Offences Prof. Dr. Mukund Sarda

Bharati Vidyapeeth Deemed UniversityNew Law College, Pune

Sexual Offences • Rape and unnatural offences• Sec 375 – 376 deals with rape• Sexual intercourse not amounting to rape• 376 A , B , C, D• Unnatural offences – 377• Sec 375 defines rape, 376 (i) deals with

punishment and 376(ii) deals with custodial rape

• Law relating to rape changed drastically after 1983 amendment

Prof. Dr. Mukund Sarda

Rape – Sec 375

• Definition : - A man is said to commit rape who except in the cases of exceptions, has sexual intercourse with a woman under following circumstances

• Against her will• Without her consent• With her consent obtained by putting her or any

person in whom she is interested in fear of death or hurt

• With her consent when the man knows he is not her husband and she gives consent because she believes so


• With her consent when the consent is given because of unsoundness of mind or intoxication

• With or without her consent when she is under sixteen years of age

• Exceptions : sexual intercourse by a man with his own wife, wife not being under fifteen years of age


Punishment – 376 (i)

• Minimum seven years or maximum life• In case of wife 2 years or fine if she in not below 12

• The word rape is derived from Latin term rapio means forcible seizure or ravishment

• Violation of private person of a woman an outrage by all means

• Case laws: Mathura (tukaram v state of maha)• R v williams


Essentials of rapeAgainst her will Without her consent Free consent

•Will implies the faculty of reasoning power of mind that determines whether to do an act or not

•Against will includes without consent vice versa is not true

•Consent is meeting of minds of two or more person on the same thing in the same sense at the same time

•Consent and free consent are different

•Consent and submission is different

•Active consent and passive consent


Mathura and effect of mathura

• Consent if of two types – active and passive• If no body marks and shouting and if the act

was peaceful it means it was with consent- hence no rape

• Judgment of the supreme court criticized• Supreme court refused to change the decision• law was amended in 1983


1983 Law and The Changes

• Sec 376 (ii) was added: • Whoever being police officer commits rape• With limits of police station, in the premises or in

the custody – custodial rape• Rape by staff of management or staff of jail,hospital• Rape on a pregnant woman• Rape under woman of twelve years of age• Gang rape – punishment is minimum 10 years

maximum life and fine


Rafeeq v State

• Burden of proof on accused 114 A of indian evidence Act

• Prohibition of disclosure of identity of victim 228 A • Trial in camera 327 cr.p.c• No marks on body or screaming not the test• Passive consent is no consent unless it was proved

that the woman has choice to resist or accept• Sexual intercourse not amounting to rape• Maritial rape 376 A


• Character of the victim shall not be put in cross examination

• Woman of low virtue also has right of human dignity

• Interim compensationOther case laws :Domestic working womens association v uoiB. Guatam v subhra chakraborthyChandramika dass v state of west bengal
