Section 375 Indian Penal Code
Except in the case hereinafter excepted, A man commits rape if he has sexual intercourse with a woman under circumstances falling under any of the six following descriptions.
Against her will.
Without her consent.
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.
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 lawfully married.
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 stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
An exception to Section 375 exemplifies the great tragedy of Indian law: "sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape." Though a fifteen year old girl may be psychologically a baby. To think of it, a man can grab his wife, even when she pleads to be left alone.
Section 375 IPC And #MeToo movement.
The Me Too movement, or #MeToo movement, is a movement against sexual harassment and sexual assault. As the #MeToo tsunami gathered strength, terms such as flirtation, sexual harassment, molestation, assault, predator and womanizer were used frequently. There were some instances of women genuinely confusing flirtation with harassment. As per the 2013 amendment of Section 375 IPC, forcing a victim to perform sexual acts with your own self or someone else is also rape. All rapes are sexual assault though the converse is not true.
Except in the case hereinafter excepted, A man commits rape if he has sexual intercourse with a woman under circumstances falling under any of the six following descriptions.
Against her will.
Without her consent.
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.
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 lawfully married.
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 stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
An exception to Section 375 exemplifies the great tragedy of Indian law: "sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape." Though a fifteen year old girl may be psychologically a baby. To think of it, a man can grab his wife, even when she pleads to be left alone.
Section 375 IPC And #MeToo movement.
The Me Too movement, or #MeToo movement, is a movement against sexual harassment and sexual assault. As the #MeToo tsunami gathered strength, terms such as flirtation, sexual harassment, molestation, assault, predator and womanizer were used frequently. There were some instances of women genuinely confusing flirtation with harassment. As per the 2013 amendment of Section 375 IPC, forcing a victim to perform sexual acts with your own self or someone else is also rape. All rapes are sexual assault though the converse is not true.
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