Rape Laws in India

Rape is a stigma which exists in the society from a long time. The dictionary meaning of word rape is “the ravishing or violation of a woman.” The rape victim i.e. a woman as woman cannot commit rape due to biological reasons. She is traumatized after the event; it is very difficult for a woman to come out of this trauma. Rape in India is a cognizable offence. There are many provisions in various Acts. The word rape is legally defined u/s 375 of Indian Penal Code, 1860. It defines the rape and also prescribes its punishment. Whenever a man penetrates or does sexual intercourse with a woman without her consent or will it amounts to rape. Penetration here means that only a slightest of the touch of penis to vagina amounts to rape, unruptured hymen of woman does not prove that rape was not committed. There are exceptions to it also i.e. when a man does sexual intercourse with his wife who is above 15 years of age. The rape law under Indian Penal Code had gone through a lot of amendments. In 1983, amendment was made and S. 376(2) i.e. Custodial rape, S. 376(A) i.e. marital rape & S. 376(B to D) i.e. Sexual Intercourse not amounting to rape were added.


U/s 114-A of Indian Evidence Act, presumption can be made as to the absence of consent in certain prosecutions for rape.

U/s 53(1) of Code of Criminal Procedure, When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.

U/s 164A of Code of Criminal Procedure, provisions for medical examination of rape victim are given.

U/s 327(2) of Code of Criminal Procedure, there should be in camera trial for all rape victims.

The Judiciary in India is burdened with a lot of work and therefore judgment of the rape cases comes very late. Sometimes it comes so late that either of the parties had died. So, there should be speedy trials in rape cases so that the victim gets justice as it is rightly stated that “Justice delayed is justice denied.”

As every coin has two sides, in this case also there are two sides. Many a times girls also make fake complaints just to ruin the life of a boy, sometimes the parents of girl compels her to file a complaint against the boy she loves, as the law shows a lot of sympathy towards the girl. The accused is left with nothing, when the complaint is made his life is ruined irrespective of the fact that he was proved guilty or not. So, in my views there must come an amendment which equalizes the burden of proof on both the sides and the law works smoothly. It should be such that is contradicts the statement i.e. “Law is there for vigilant.”


Rape is a crime, which has a devastating effect on the survivors; it has been described as a “beginning of a nightmare”. The aftershocks include depression, fear, guilt-complex, suicidal-action, diminished sexual interest. etc., “one becomes afraid of’……..writes a victim, “half the human race”. Referring to the pitiable condition of women in society Mr. Justice S. Ahmad observed that “unfortunately, a woman in our country, belongs to a class or group of society who are in a disadvantaged position on account of several social barriers and impediments and have therefore, been victims of tyranny at the hands of men with whom they, unfortunately, under the Constitution “enjoy, equal status”. “Women also have the right to life and liberty; they also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated. They also have the right to lead an honorable and peaceful life”.


Incidence and prevalence:

South Africa has the highest per capita rate of reported rapes in the world: 119 per 100000 people, according to the UN. That compares with 30 per 100000 in the US. Analysts and women’s advocacy groups argue South Africa’s total, including unreported rapes could be five to nine times higher .

Police statistics show more than 50000 rapes are reported every year . In 1987 and 1991 number of cases reported were7767 and 9793 respectively. About 26% (11112) increase in number in the year 1992 – (NCRB). There is one rape in every 54 minutes .

As observed by Justice Arjit Pasayat:


Justice Krishna Iyer has observed in a very famous case of Rafiq v. State :

“A murderer kills the body but a rapist kills the soul.”

What is Rape?

Rape under English law is defined more particularly where the law cover all the aspect of rape. Under the Sexual Offences Act 2003, which came into force in April 2004, rape in England and Wales was redefined from non-consensual vaginal or anal intercourse, and is now defined as non-consensual penile penetration of the vagina, anus or mouth of another person. The changes also made rape punishable with a maximum sentence of life imprisonment. Although a woman who forces a man to have sex cannot be prosecuted for rape under English law, if she helps a man commit a rape she can be prosecuted for the crime (see, for example, the conviction of Claire Marsh in 2001). A woman can also be prosecuted for causing a man to engage in sexual activity without his consent, a crime which also carries a maximum life sentence if it involves penetration of the mouth, anus or vagina. The statute also includes a new sexual crime, called “assault by penetration”, which also has the same punishment as rape, and is committed when someone sexually penetrates the anus or vagina with a part of his or her body, or with an object, without that person’s consent.

Sexual offence act, 2003 states as follows:-




(b) B does not consent to the penetration, and

(c) A does not reasonably believe that B consents.


With compare to this law, law of India under penal code not cover the penetration of mouth and if such happened then that not amount to rape under our present law above all in India it is observe by our Hon’ble courts that in case of rape if any woman help to commit such rape she will be not charge for the offence of rape as she help to commit the rape but in England it happens and their punishment are also more than us so any one before committing this must think and in the mind of people there is some fear about law and it’s punishment.

Like every other country, laws relating to rape do exist in India. However, justice is rarely achieved. In most cases, rape victims themselves hesitate to make a complaint due to the stigma attached to it in society. Sometimes, even if a complaint is made, the offender gets away due to wide spread ignorance of the laws relating to the offense.

Rape means an unlawful intercourse done by a man with a woman without her valid consent. (Section 375 of the Indian Penal Code, 1860 )

A man is said to commit “rape” if he has sexual intercourse with a woman under circumstances falling under any of the six following descriptions :-

1. Against her will.

2. Without her consent.







AMENDMENTS TO RAPE LAWS IN 1983 were made to address mainly 3 issues :

A. Minimum Punishment in rape cases (IPC Section 376 sub section 1)

B. Special cases of rape (IPC Section 376 subsection 2 a-g )& A)

C. Marital Rape (IPC Section 376 A)

D. Abuse of official power (IPC Section 376,B,C,D)

A. MINIUM PUNISHMENT (Section 376 subsection 1 of Indian Penal Code)



Prior to this amendment, minimum punishment wasn’t specified, hence this is commendable, but if the judge decides that there is an adequate reason the punishment can be reduced.

B. SPECIAL CASES OF RAPE like rape of a girl who is below twelve years of age, rape knowing the woman to be pregnant , gang rape, and custodial rape definitions, Specific (and sometimes increased) Punishment in some of these cases Shift of burden of proof to defendant from the victim in some of these cases. (Section 376 subsection 2 (a-g) of Indian Penal Code)

1. Rape of a woman who is under twelve years of age [Sec.376 (2) (f)]




Unfortunately other than the increased minimum punishment from 7 years to 10 years, no other special concession is given to Child Rape given the increased trauma for the girl. Since even the minimum punishment can be reduced by the judges, much needs to be done in this area.

2. Rape of a woman, knowing her to be pregnant (Sec.376 Subsection 2- e)



Exemption from burden of proof if the victim states in court that she did not consent, then the court shall presume that she did not consent and the burden of proving consent shall shift to the accused





Exemption from burden of proof :


4. Custodial Rape: (Sec.376 Subsection 2 a, b, c , d):

Rape committed on a woman in their or their subordinate’s custody by

a) police officer


(ii) in the premises of any station house whether or not situated in the police station to, which he is appointed; or


b) public servant

c) management or the staff of a jail, remand home or other place of custody or a women’s or children’s institution

d) management or on the staff of a hospital



To understand the impact of sexual harassment on women one must listen to the account of its victims as no one conveys the meaning and truth of sexual harassment better than the women who have endured it. In response to the question “What kind of emotional response do eve-teasing /sexual harassment evoke in you”, not a single woman ticked the category of “indifferent”. The survey of the Gender Study Group shows that most women felt disgusted, insulted and scared by any sort of harassment.

Women often internalise male perceptions of sexual harassment and blame themselves for having brought on the harassment. They not only doubt the validity of their own experiences but begin to believe that they themselves must be ‘abnormal’, ‘cheap’, ‘indecent’ or deserving the violence that comes their way.


Every 60 minutes, two women are raped in this country. What is more horrendous is that 133 elderly women were sexually assaulted last year, according to the latest report prepared by the National Crime Records Bureau (NCRB). A total of 20,737 cases of rape were reported last year registering a 7.2 per cent increase over the previous year, with Madhya Pradesh becoming the “rape capital” of the country by topping the list of such incidents.

Going by the NCRB statistics, two women are raped in the country every hour. Madhya Pradesh accounted for 14.5 per cent of the total cases (3,010), with West Bengal following with 2,106 such incidents. Records of high incidence in other states include Uttar Pradesh (1,648), Bihar (1,555) and Rajasthan (1,238). The national capital had 598 cases in which 602 women were sexually assaulted.

In its report Crime in India — 2007, the NCRB noted that offenders were known to the victims in as many as 19,188 cases (92.5 per cent). That included 6,902 incidents in which neighbours were involved. Parents or close family members were involved in 405 cases while in 1,448 cases relatives were involved. “Everywhere in this country, over 90 per cent of the victims are raped by person known to them,” a senior police official said.



As Kiran Bedi., Retd. Joint Commissioner, Special Branch has observed:




The case came for hearing on 1st June, 1974 in the session’s court. The judgment however turned out to be in favour of the accused. Mathura was accused of being a liar. It was stated that since she was ‘habituated to sexual intercourse’ her consent was voluntary; under the circumstances only sexual intercourse could be proved and not rape.


When the appeal was made to the Supreme Court, the Senior Counsel “Ram Jethmalani” while defending the accused Policemen divided the concept of consent into two i.e. Express and Implied consent. He said that there was not express consent but it was implied because Mathura raised no alarm, there was no tearing of clothes, no semen on clothes, no cry for help etc, he again said if there had not been any consent, there would have been at least a cry for help. These circumstances are enough to show that there was implied consent. The Supreme Court acquitted both the accused and held that Mathura had raised no alarm; and also that there were no visible marks of injury on her person thereby negating the struggle by her.



In State of Punjab vs. Gurmit Singh , the Supreme Court has advised the lower judiciary, that even if the victim girl is shown to be habituated to sex, the Court should not describe her to be of loose character.


In Delhi Domestic Working Women v. Union of India , the Apex Court laid down the following broad guidelines:

• The complainants of sexual assault cases should be provided with legal representation i.e. they should be provided an advocate who could help her properly.

• Legal assistance will have to be provided at the police station since victim of sexual assault might very well be in a distressed state upon arrival at the police station and guidance of a lawyer at that stage is very necessary.

• The police should be under duty to inform the victim of her right to representation before any questions were asked of her and that the police report should state that the victim was so informed.

• A list of advocates who deal in these cases should be kept at the police station for victims who did not have a particular lawyer in mind or whose own lawyer was unavailable.

• In all rape trials anonymity of victim must be maintained, as far as necessary.

• A “Criminal Injuries Compensation Board” should be established.

• Interim compensation should be given to rape victim even if the case is still going on in the court.

• Medical help should be provided and woman should be allowed to abort the child if she becomes pregnant due to the incidence.

• Compensation should be provided to rape victim to rehabilitate herself.

In B. Gautam v. Shubra Chakraborthy , it was held that Rs. 1000 per month should be given to rape victim as an interim compensation.

In Chairman, Railway Board vs. Chandrima Das , a practicing Advocate of the Calcutta High Court filed a petition under Article.226 of the Constitution of India against the various railway authorities of the eastern railway claiming compensation for the victim (Smt. Hanufa Khatoon) – a Bangladesh national- who was raped at the Howrah Station, by the railway security men. The High Court awarded Rs.10 lacs as compensation.




Considering the above said contentions, the Supreme Court observed:


The Supreme Court also held that the relief can be granted to the victim for two reasons- firstly, on the ground of domestic jurisprudence based on the Constitutional provisions; and secondly, on the ground of Human Rights Jurisprudence based on the Universal Declaration of Human Rights, 1948 which has international recognition as the ‘Moral Code of Conduct’- adopted by the General Assembly of the United Nation.

Causes of Increased Rape Cases in India:

Rape, molestation and abductions, the crimes are numerous but low conviction rates for the same is one of the major reasons for the growing number of offences against women, point out experts.

“Apart from other factors, the low conviction rate in the cases of rape is the biggest worry we have today. There is hardly any deterrence. Law should provide fast track courts to deal with such cases,” says Girija Vyas, Chairperson, National Commission for Women (NCW).

While there were 37,000 cases of molestation and eve-teasing in 2006-07, the conviction rate for such crimes, is below 30 per cent. For rape it is just a dismal 27 per cent.

Brinda Karat, All India Democratic Women’s Association (AIDWA), member says, “I have raised the issue in the Parliament several times that there is a need to step up conviction rate in rape cases drastically. Poor legal system, wrong understanding of policemen in these cases and lengthy procedures especially in child rape where after horrifying rounds of investigation the victim starts feeling that she is an accused and should not have registered the case, are few reasons for low conviction rate.”

“In every 10 hours, a girl of the age of 1-10 is being raped in India. We are raising this issue and have demanded enforcement of stringent laws by government,” she adds.

Reacting to a recent incident in which a minor was raped by a constable and his accomplice in a moving car in the national capital, Vyas says, “This is a special case and it should be dealt with a fast track court. On many occasions, complains do not get registered on time and then it is very difficult to prove that rape actually happened. It should be registered within 24 hours of the incident.”

The accused believe they can get away with it. Officials are corrupt and easily bribed (some are even committing rapes themselves). Women are shamed and humiliated when they come forward because of the backward notion that it’s the woman’s fault (even when the ‘women’ are young children). If they make a case, it becomes public knowledge and their families and society shun them in many cases as they are then seen as ‘damaged goods’. If unmarried they will have great difficulty getting married. Courts don’t always do justice for the victim and find rapists not guilty for ridiculous reasons.

Predators know this and take advantage of it. Even if they get caught, if they have enough money or influence, nothing will happen to them. A woman would have to turn the case into a media circus to have a chance at justice and 90% of rape victims in India would not do so out of fear and shame .

There is a need for review in certain provisions under various laws related to rape so that victims get justice.

The National Commission for Women has identified nine areas for review . These are:

1. Review of the definition of rape

2. Reduction of procedural delays

3.Uniformity in age of consent under sections 375 and 376 of Indian Penal Code, 1860, to bring it in conformity with the Child Marriage Restraint Act, 1869

4. Whether exception to section 375 should be deleted

5. Whether section 155 clause 4 of the Indian Evidence Act 1872 needs to be amended or deleted.

6. Whether statutory provisions are needed for compensation to the rape victim

7. Whether provisions for counseling legal aid should be made mandatory under laws.

8. Death penalty to persons convicted for rape

9. Recommendation for enhancement of punishment in cases where the accused, with the knowledge of suffering from HIV infection/AIDS, infects the victim as a result of rape.



Law remains but the number of victims (including minor) continues to increase destroying the very soul of the helpless women. The concept of marital rape does not exist in India. Contrary to the popular belief rape is almost never perpetrated for sexual gratification. It is an ‘acts of violence that happens to be expressed through sexual means’.

The Amendment 1983 has brought about some important changes in the existing laws of rape as a response to the growing public opinion demanding more stringent anti rape laws. It amends Section 376 IPC and enhances the punishment of rape it also provides enhanced punishment of minimum of 10 years of imprisonment for police officers or staff of jail, the remand homes or other places of custody established by law. The Act further inserts a new Section 114-A IEA, by raising a presumption as to absence of consent in cases of custodial rape, rape on pregnant women and gang rape at least partially, removed the infirmity from the evidence of a victim of rape that was hitherto unjustly attached to her testimony without taking note of the fact that in India, unlike the occident a disclosure of the girls identity, rehabilitation in society for all times to come and unless her story was painfully true she would not have taken such a grave risk merely to malign the accused.

Severe and certain punishment in a time bound manner, of the rapists has some deterrent value. Arrest alone may not constitute a strong societal response. Lengthy prison sentences have some behavior-altering deterrent values. Many well-known jurists and public men have advocated capital punishment for the criminals who commit rape as it is an offence worse than murder so far as its impact is concerned. Still there is need for amending the anomaly related to the age of consent, and of wife in accordance with the Marriage Act in India.

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42 thoughts on “Rape Laws in India

  1. Som

    No girl will ibntentionally go out and say she was raped. Statistically speaking, may be less than 10% are false, but only a very very strict law will stop this. May be mothers of boys support their children’s actions (as was proven by dowry deaths). There should be zero tolerance for rape and the rapist should be castrated and his eyes and hands should be removed. Punishment for gang rape should be beheading in public (on TV), so ALL can see him.

  2. Abdishakur

    Dear All,
    I like to tell you in the Somali penal code is just called Indian penal code but we don’t use this reason this law did not give the innocent girl her right and the doesn’t proceed to stop the rape.
    we have Strong culture based for Islamic religion.

  3. Manish Shukla

    A girl who get’s raped losses everything. I just want to ask why there is just 10 years or lifetime imprisonment for the guilty? The guilty she be torcherd and should be punished till the end of his life. Let him also suffer the amount of pain which that innocent girl has suffered. Change this Law make India a safe place, punish the guilty in such a manner that next time no one should think of doing this kind of action.

  4. Ravi Kumar Goyal

    Verdict of Supreme Court of India is the final word of Country… thereafter one need not to apply own mind.

    In the light of above fact, kindly advise in the matter of total Dead-Lock on delivery of Justice by any court of India:

    My Petition dated 06.02.2013 before the Supreme Court of India seeks Justice in the matter of Rape/ Murder of Women and baby girls, Human Massacre, Insecurity of State etc. and there is a requirement of “Income Certificate” to proceed further for saving of lives of our Mothers/ Daughters/ Sisters.

    Due to the purpose behind the “Income Certificate” Revenue Authorities of Indore City i.e. Tehsildar then SDM and then Collector denied to issue the same.

    So I filed Writ Petition No. 9800 / 2013 on 13.08.2013 before Indore Bench of High Court of Madhya Pradesh – India for Legal Right of “Income Certificate”. However, the Supreme Court had already declared that the Hon’ble Indore Bench is concerning about “Rapist” and not about “Victims”…

    In the light of above declaration, my expectation from Indore Bench for Legal Right of Income Certificate for the purpose of Justice against Rape/ Murder/ Insecurity of State was nothing than the foolishness…

    My expectation was pure stupidity… proofs are that for One and Half Months from the date of filing of WP, it was not listed for Motion Hearing… So I filed 1st Mention Memo on 01.10.2013… WP got listed for continous 3 days but got adjourned for all 3 days without hearing…. I again filed 2nd Mention Memo on 11.10.2013… WP got listed but again adjourned even on 4th occasion without hearing… So obviously intentional adjournments of WP seeking Legal Right of Income Certificate in the matter of Rape/ Murder etc… thus the 4 adjournments get confirmation of intention in the light of verdict of Supreme Court…

    Now the age of my WP before the Hon’ble Indore Bench is Two and Half Months without Motion Hearing whereas I am suffering for last 225 day against the Law of 3 Days for delivery of Income Certificate…. Constitution/ Law is set aside within the Indore Bench… who is going to celebrate Festival of Lights (from 02.11.13) leaving behind Victims into Darkness…

    So evidently I am not going to receive my Legal Right i.e. “Income Certificate”… So Supreme Court will not be able to deliver Justice in the matter of Rape/ Murder/ Insecurity of State… So total encumbrance at all level of 3rd Temple… So no Justice at all for our Mothers/ Sisters/ Daughters… Only Post Mortems… Full chances of my murder/ imprisonment…

    What I should do… No logic in waiting… Indore Bench going for celebrating the Festival of Lights leaving behind the victims into Darkness… So after that… Should I submit my “Ashes” in lieu of “Income Certificate” directly before the Supreme Court-New Delhi or through President House-New Delhi, by calling International Media, for proceeding ahead in the matter of Rape/ Murder/ Insecurity of State etc… I already sent a 6 page Letter dated 23.10.2013 to Chief Justice – M.P. High Court, Jabalpur under cc to Indore Bench, Supreme Court, President of India, Collector, IGP-Indore, DGPMP, All Bar Councils, ICAI etc. to this effect…??… Copy of Letter can be downloaded from following Link:


    With Regards
    CA. Ravi Kumar Goyal
    City-Indore, State-Madhya Pradesh, Country-India

  5. Sony

    It’s been noticed that many rape victims are unlikely to report to the police or the legal authority because of the unawareness, public humiliation, rigidness of the law, etc. However the fact is that presently, Indian law is in favour to the victims and encourages them to take the next steps legally to wipe out this crime in the future.
    Rapists will be punished accordingly by the law. Prior to this amendment, minimum punishment wasn’t specified, hence this is commendable, if the judge decides that there is an adequate reason the punishment can be reduced.

    Go through the above site to know more about rape law in India.

  6. taggedfrnd

    wht a law..when women rape a man it is call her love..when man love her it is called rape.. when man refuse to marry ..man is called rapist..when women refuse to man to get marry there is nothing..law is made to extort money from man..this is very easiest way to become rich in this country called India.. even man prove him self innocent after lot of himiulation, torcher,black mail financial loss .etc but there is no law to sue againt that culprit lady who impose rape changes against the man ….one can understand how low level of thinking while make this law….in the name of rape women are raping man and try to extort money / property etc..

    • Status

      I absolutely agree with your comments. One of my known is facing Judicialy custody these days, without his fault. This is happening commenly these days. 80-90 % complaints are fake & for extortion. In this case Senior level Haryana Police officials ( Inspector General of Police ) is running this rackets. This is florishing business these days. Is there any forum to fight against it.

      • Deepika Narayan Bhardwaj

        You must complaint about this at National Commission for Women and tell them the kind of women that exist in the society today. Safe Family Foundation also works against Misuse of Dowry laws and are now also helping victims of false rape. You can google about them and seek support. For complaint, you have to go to the police.

  7. advocate shahid siddiqui

    unfortunately the Indian Legislatures are unable to understand the gravity of situation, just making and amending law (criminal law amendment act 2013) would reduce the number of crime against WOMEN, if the punishment is capital.

  8. Mahaan Shakti Trust

    Rape is a shameful act it is a act where death of soul effects to injuries of the body. it act effects the family members. our law should have a provision where the victim and the family should be supported legally, financially and mentally. so many rape cases are unnoticed where the victim is neglected or just suppressed not to file legal action. there should be a confidence level in every girls mind to update her insult , (rape). we also agree that many girls file a false case which should not be supported and innocent boys should also have a legal power….. MRS. BINDU BHOSLE FOUNDER CHAIRPERSON MAHAAN SHAKTI TRUST cont. no. 9821447955 email id. mahaanshakti@gmail.com


    cont. no. 9821447955
    email id. mahaanshakti@gmail.com


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