RAPE AND OTHER SEXUAL OFFENCES
Section 316 - “Rape defined”: A man is said to commit rape, who, save in the case
expected in this section and in section 316A has sexual intercourse with a
woman against her will or without her consent; provided that a consent
given by a woman below the age of eighteen years shall not be a consent
within the meaning of this section.
Exception:- Sexual intercourse by a man with his own wife is not rape,
within the meaning of this Section.
Explanation:- Penetration is sufficient to constitute the sexual intercourse
necessary to the offence, of rape.
Section 316(A) “Sexual Intercourse with Girls”: Whoever has sexual intercourse with
a girl, not being his wife, who is 18 years of age or above with her
consent, commits an offence and shall on conviction, be punished with
imprisonment for a term not exceeding two years or with fine or with
both.
Section 317 - “Rape”: Whoever commits rape, shall on conviction, be punished with
imprisonment for a term not exceeding fourteen years and may also be
liable to fine.
Section 318 - “Unnatural Offences”: Whoever has carnal intercourse against the order
of nature with any person and whoever allows any person to have such
intercourse with him commits an offence and shall on conviction, be
punished with imprisonment for a term not exceeding ten years and may
also be liable to fine; and if such intercourse is done without consent he
shall be punished with imprisonment for a term not exceeding fourteen
years and may also be liable to fine; provided that a consent given by a
person below the age of eighteen years to such intercourse shall not be
deemed to be a consent within the meaning of this section.
Explanation:- Penetration is sufficient to constitute the carnal intercourse
necessary to the offence described in this section.
Section 319 - “Acts of Gross Indecency”: Whoever commits an act of gross indecency
upon the person of another without his consent or by the use of force or
threats or compels a person to join with him in the commission of such act
commits an offence and shall on conviction, be punished with
imprisonment for a term not exceeding fourteen years and may also be
liable to fine.
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