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G D Goenka University School of Law

This document discusses the definition and history of amendments to rape laws in India. It begins by defining rape as intercourse without consent through force, fear or fraud. The definition in Indian Penal Code Section 375 has seen amendments, particularly in 1983 following criticism of a Supreme Court case where two police officers were acquitted of raping an 18-year-old girl in a police station. The document then lists 14 situations covered under amended Section 376(2) where rape can be committed, such as by a police officer, public servant, or relative of the victim.

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Suditi Tandon
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54 views

G D Goenka University School of Law

This document discusses the definition and history of amendments to rape laws in India. It begins by defining rape as intercourse without consent through force, fear or fraud. The definition in Indian Penal Code Section 375 has seen amendments, particularly in 1983 following criticism of a Supreme Court case where two police officers were acquitted of raping an 18-year-old girl in a police station. The document then lists 14 situations covered under amended Section 376(2) where rape can be committed, such as by a police officer, public servant, or relative of the victim.

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Suditi Tandon
Copyright
© © All Rights Reserved
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
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G D GOENKA UNIVERSITY SCHOOL OF LAW

Rape

(This presentation is meant for class room teaching only and no part of it shall be
copied or circulated in any form)
The word 'rape’ is derived from the Latin term rapio, which means to seize. Thus, rape
literally means a forcible seizure and that is the essential characteristic feature of the
offence. In common parlance, it means intercourse with a woman without her consent by
force, fear or fraud. It is 'the ravishment of a woman, without her consent, by force, fear
or fraud’, Or 'the carnal knowledge of a woman by force against her will’.
Section 375 of the IPC defines rape. However, the original s 375 and the provisions
providing punishment have witnessed a number of amendments.
The amendments, carried out in the year 1983 by the criminal Law (Amendment) Act 1983,
have overhauled the law relating to rape. These amendments were a result of countrywide
criticism by ali section, of society including parliamentarians, women and social
organisations against the judgment of the supreme court in Tukaram vs state of
Maharashtra which is popularly referred to as the Mathura rape case. In that case,
Mathura an 18 year old Harijan orphan girl, was living with her brother. Both of them
worked as labourers' to earn living. Mathura developed a relationship with one Ashok and
they decided to get married. Mathura’s brother filed a complaint of kidnapping in the Desai
ganj Police Station. On his complaint Mathura, Ashok and two others with whom Ashok was
living were brought to the police station. The statement of Mathura and Ashok were
recorded and when they were about to leave ,the accused asked Mathura to wait in the
police station and told Ashok and others to move out. Immediately thereafter, Ganpat one
of the police constables on duty, took Mathura to a toilet and raped her despite protests
and stiff resistance. The second constable , Tukaram then went to Mathura and sexually
molested her .He also wanted to rape her, but was unable to do so for the reason that he
was in a highly intoxicated condition.
In the meantime, Ashok and rwo others, who were waiting outside, saw
that the lights of the police station rvere rurned off and its lntrance door was closed from
within. They went behind the police station and started shouting for Mathura. Ti.r.karam
then came out and told them rhat Mathura had already lefr. But, immediatel,v thereafter,
Mathura came our from the rear of the police station and informed the others that the
accused Ganpat had compelled her to undress herself and had raped her. The Bombav
High court convicted the accused Ganpat to ,igoious imprisonme.rt fo. five years and
Tukaram ro rigorous imprisonmen, fo, o.r. year. The Bombay High court had observed that
there was a difference berween 'consenr’ and 'passive submission,' and held rhat mere
passive or helpless surrender of the body and its resignation ro orher's lust, induced by
ihr.ats or fear, cannot be equated with the 'desire or rvill', nor can furnish an answer by the
mere fact rhar the sexual act was not in opposition to such desire or volition. The high
court also took note of the fact that there was a complaint filed by her brother, which was
pending in rhe police station and she was alone in the police starion in rhe middie of the
night. Her subsequent conduct in immediatelv reporting the matter nor only to her relativ.,
b,,, also the members of rhe crowd, also established thar she was subiected to forcible
sexual intercourse. The Supreme Courr, however, held that Mathura could not have been
overarved in the police station, especially since her relatives were waiting ourside. Furrher,
no injuries *.r. fotmd on Mathura after the incidenr and the absence of injuries indicated
thar the alleged intercourse was a peaceful affair. The Supreme Courr disbelieved
Mathurat version that she pur up a stiff resistance and shouted loudly for help. They
described it as a 'tissue of lies' and a concoction on her part. Accordingly, both the
accused, Ganpat and Tukaram, w'ere acquitted of the charges*of
rape.
Fourteen situations of rape committed and covered under section 376(2):
1.By a police officer.
2.By a public servant.
3.By an armed force personnel.
4.By the management or staff of a jail, remand home.
5.By the management or staff of a hospital.
6.By a relative, guardian or teacher of a person;
7.During communal or sectarian violence.
8.On a pregnant woman;
9.On a woman under 16.
10.On a woman incapable of giving consent.
11.Being in a position of control and dominance over a woman.
12.On a woman suffering from mental or physical disability;
13.While committing rape cause grievous harm or maim or disfigures or
endangers the life of a woman.
14.Commits rape repeatedly on the same woman.

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