376 2 i ipc. Indian Penal Code 2019-01-10

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Legal provisions regarding Punishment for “Rape” under section 376 of Indian Penal Code

376 2 i ipc

Second, you must be given a probationary sentence. It would not be an exaggeration to say that the thought of sullying the physical frame of a woman is the demolition of the accepted civilized norm, i. In State of Andhra Pradesh v. The mitigating factors put forth by the learned counsel for the appellant are meant to invite mercy but we are disposed to think that the factual matrix cannot allow the rainbow of mercy to magistrate. क्या कहती है धारा 375 — यदि कोई पुरुष किसी महिला की इच्छा के विरुद्ध, उसकी सहमति के बिना, उसे डरा धमकाकर, उसका नकली पति बनकर, दिमागी रूप से कमजोर या पागल महिला को धोखा देकर और उसके शराब या अन्य नशीले पदार्थ के कारण होश में नहीं होने पर उसके साथ सम्भोग करता है तो वह बलात्कार ही माना जाएगा. Further, the evidence of P. If probation was denied, and you were sentenced to State Prison, then you are not eligible for a reduction to a misdemeanor, or an expungement pursuant to penal code section 1203.

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RAPE SECTION OF IPC 376, 375

376 2 i ipc

Court observed that there could be no reason for false implication. Fraud is essentially an element which is specifically define … d and provided in Indian Contract Act, which is for Civil remedy. The material object was sent to Forensic Department through Court for analysis. Explanation 1:- When a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section. California's Penal Code section 290 was amended by theAssembly Bill 1562 to allow for the public registration of sexual and violent sexual offenders following the United States Congress Public Law 104-145.

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Section 376(2) in The Indian Penal Code

376 2 i ipc

Thereafter, the victim was taken to the Government Hospital at Tirupattur where she was medically examined and given treatment by P. Their Lordships observed that when the facts and guilty of respondent were apparent on the face of the record, and also admitting the findings of enquiry, the High Court might have not overlooked them. The child remained in the hospital for six days and thereafter she was discharged. The mitigating factors put forth by the learned counsel for the appellant are meant to invite mercy but we are disposed to think that the factual matrix cannot allow the rainbow of mercy to magistrate. Ex consequenti, the appeal, being sans merit, stands dismissed. P11 in respect of the occurrence and recorded the statement of the witnesses.

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Section 376 of Indian Penal Code, 1860

376 2 i ipc

Public Servant: A public servant taking advantage of his official position and committed rape on ; a woman in his custody as such public servant or in the custody of a public servant sub-ordinate to him. The charges levelled against the appellant was that he committed rape on P. She proceeded to the spot, made an inspection and prepared the observation mahazar, Ex. Consent: If a woman, who is major, and not under descriptions from first to sixth of Section 375, intentionally commits sex with a person it is not rape. She has also given the wound certificate Ex. The Indian Evidence Act, 1872 Act 1 of 1872.

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Legal Provisions Regarding “Custodial Rape” in India

376 2 i ipc

For every offence, a drastic measure cannot be thought of. It is to be kept in mind that an offence against the body of a woman lowers her dignity and mars her reputation. But the law lacks in reconciling itself with the ground realities of gender related sexual violence in India. Attempting to commit suicide and doing any act towards the commission of the offence is punishable with imprisonment up to one year or with fine or with both. किसी भी कारण से सम्भोग क्रिया पूरी हुई हो या नहीं लेकिन कानूनन वह बलात्कार ही कहलायेगा. They were charged with raping a young unmarried girl.

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Legal Provisions Regarding “Custodial Rape” in India

376 2 i ipc

From the evidence of P. The Code has since been amended several times and is now supplemented by other criminal provisions. The Supreme Court in Priya Patel v. The child was bleeding from her private parts. If the prior process is not completed within time and in consonance with criminal justice principle then there is no need of enhancing the punishment as such situations will result into acquittal. P6 wound certificate would clearly indicate that the accused penetrated his fingers into the private part of the victim girl. The offence under Section 376 is non-cognizable and summons should ordinarily issue in the first instance, and it is, moreover, bailable but not compoundable.

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क्या है आईपीसी की धारा 376?

376 2 i ipc

He enjoyed sex with her forcefully. The trial Court imposed the punishment on the accused-sub-inspector. The time gap between the occurrence and the accused taking the child to the hospital has its own significance. आप शिक्षित हैं, आप यौन संबंध के लिए ना कह सकती थीं. Be it noted, the defence chose not to adduce any evidence. The eight year old girl, who was supposed to spend time in cheerfulness, was dealt with animal passion and her dignity and purity of physical frame was shattered.


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Legal provisions regarding Punishment for “Rape” under section 376 of Indian Penal Code

376 2 i ipc

On appeal the High Court also confirmed it. Mishra 2006-09-01 , , Publications Division, Ministry of Information and Broadcasting, Government of India, 2006, ,. But in this case Bombay high court said that the girl is well educated and mature. While carrying out this complex exercise, it is 11Page 12 obligatory on the part of the Court to see the impact of the offence on the society as a whole and its ramifications on the immediate collective as well as its repercussions on the victim. The Supreme Court further ruled that every member of such a group, acting in furtherance of common intention of the group by virtue of the deeming explanation, per se deserves the minimum sentence stipulated in Section 376 2.

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