Rape Laws

 

Statues

1. IPC 
1. 365,
2. 366 - Kidnapping
3. 376 - Rape
4. 376D - Gang Rape
5. 506 - Criminal Intimidation
2. Section 3 & 4 of POCSO Act

Important Points

1. Subsequent marriage between the victim and accused will NOT be absolve of the rape charge.
1. Rape is a serious offence and that no amount of compromise between the parties is sufficient to quash the FIR or waive off the punishment for rape u/s 376 CrPC.
2. Criminal Law ( Amendment ) Act, 2018 
1. increased min punishment for rape under 376 of IPC to 10y [ Manoj Mishra Vs State of UP ] - prior it was min 7y

Points to consider for Reduction of punishment

1. Age of the accused
2. previous criminal antecedents 
3. Family - if any dependents children or elderly 
4. No apprehension that appellant would indulge in similar acts 

Case Laws

1. Munna Khan Vs State of UP
1. Facts : 
1. Women alleges of rape and compelling her to change her religion ( UP Prohibition of Unlawful Conversion of Religion Ordinance, 2020 )
2. Order
1. Bail granted to accused 
3. Reasons
1. Applicant and complainant were in relationship from last 4y
2. No Objection or resistance from side of the complainant
3. All of a sudden, after coming this Ordinance into existence, she got aware about her rights.
4. Her mental thinking exposes about her conduct.
5. She was willful and active participant in all actions faced by her during 4y

Arguments For

1. Obscene photographs and vides of victim and used them as tools of blackmail into maintaining physical relationship

Arguments Against

1. Willful conduct, self admission
2. Long continuous relationship
3. No recovery of obscene still photographs or video said to have been used to blackmail victim.

Precautions

1. Check if the victim is a child, ossification test
1. if child 365 IPC applies 

Source