Consent of Victim in Rape Cases in India

Related Essays

Rape Cases In India
reports among Indian cities.[8] Sources show that rape cases in India have doubled between 1990 and 2008.[9] According to the National Crime Records Bureau, 24,206
Rape Cases In India
be delivered within a period not exceeding 6 months. Trials of Rape cases have subjected rape victims to the worst kind of punishment imaginable. Years and years of
Justice To Victims Of Rape
in 2007 over 2006. There were 20,737 of reported cases of rape in 2007, where in 1972 cases (9.5%) of total victims of rape were girls under the age of 15 years
What Is The Existing Scenario Of Rape Laws In India? On What Basis Should It Be Amended To Suit The Present Circumstances?
the requirement of carnal knowledge, most rape statutes require force or threat of force against the will and without the consent of the victim. Numerous law review

Submitted by to the category Other Topics on 03/07/2012 06:12 AM

Consent of Victim in Rape cases in India

A rapist not only violates the victim's privacy and personal integrity, but inevitably causes serious psychological as well as physical harm in the process. Rape is not merely assault - it is often destructive of the whole personality of the victim. The murderer destroys the physical body of his victim. Rapist degrades the very soul of the helpless female.

Rape is defined under Section 375 of the Indian Penal Code, 1860 as –

“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 de-scriptions:—

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 law-fully 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 stupe¬fying 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.”

For the offence of rape as defined above in Section 375 of the Indian Penal Code, the sexual intercourse should have been against the will of the woman or without her consent.

Consent is immaterial in certain circumstances covered by clauses thirdly to sixthly, the last one being when the woman is under 16 years of age. Based on these provisions, an argument is usually advanced on behalf of the accused charged with rape that the absence of proof of want of consent where the prosecutrix is not under 16 years...

View Full Essay
Full Essay Stats...
  • Words: 842
  • Pages: 4
  • Views: 460

Join now to view this essay and thousands of others on PaperCamp.com. It's free Join Now!