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Section 375: All you need to know about Section 375 of IPC

Section 375: Under Section 375 of IPC, if a woman does not physically resist the act of penetration, it shall not be regarded as consenting to the sexual activity.

Aug 14, 2019 16:17 IST
Section 375 of IPC

Section 375 of IPC: Section 375 of IPC defines rape as a criminal offence and states that a man is said to commit rape when he has sexual intercourse with a woman against her or without her consent or if she is a minor. Under Section 375 of IPC, just penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

A man is said to commit rape when he has sexual intercourse with a women under any of the following situations:

• Against her will.

• Without her consent.

• With her consent but the consent was obtained by putting her or any person close to her in fear of death or of hurt.

• With her consent but the man knows that he is not her husband and the consent was given because the woman believes that he is the man with whom she is or believes herself to be lawfully married.

• With her consent but at the time of giving such consent the woman was unable to understand the nature and consequences of her consent.

• With or without her consent, when the woman is below the age of 16 years.

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Section 375 IPC Explanation

Under Section 375 of IPC, just penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

A woman’s consent to sexual intercourse includes unequivocal voluntary agreement or willingness to participate in the specific sexual act by words, gestures or any form of verbal or non-verbal communication.

However, if a woman does not physically resist the act of penetration, it shall not be regarded as consenting to the sexual activity.

Section 375 IPC Exception

The act of sexual intercourse will not be considered rape when it is done by a man with his own wife and the wife is not under fifteen years of age.

A medical procedure or intervention shall also not constitute rape.