Section 375, the provision of rape in the Indian Penal Code (IPC), mentions as its exception clause- “Sexual intercourse by man with his own wife, the wife not being under 15 years of age, is not rape.” As per section 376 of IPC, which provides punishment for rape, the rapist ...
provided is that such a provision could adversely affect the socially sacrosanct institution of marriage. They also argued that India already has laws against marital rape e.g. DV act provides relief against Sexual violence or that women can seek remedy under S. 498A of the IPC or seek ...
In paragraph 137 of thejudgement, J. shakhder points out that:“The immediate deleterious impact of the provisions of MRE is that while an unmarried woman who is the victim of the offence of rape stands protected and/or can take succour by taking recourse to a various provision of the I...
GUIDELINES ISSUED BY COURT The Court highlighted the guidelines laid down by the Supreme Court in 2018, along with the provisions mentioned in the IPC andPOCSOregarding disclosure of information in cases related to rape. In the case of Nipun Saxena v. UOI,...
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...
Section 375, the provision of rape in the Indian Penal Code (IPC), has echoing very archaic sentiments, mentioned as its exception clause- “Sexual intercourse by man with his own wife, the wife not being under 15 years of age, is not rape.” Section 376 of IPC provides punishment for ...
In the present matter, the appellant was the father of the survivor, who had allegedly repeatedly committed penetrative sexual assault upon her. The case against him was registered under Sections363/376(2)(i) and (n)of thePenal Co...
The emphasis is given on the cases reported U/S 376 IPC (this section stipulates punishments that are awarded if a person is convicted to rape), U/S 377 (this section describes punishment for whoever voluntarily commits unnatural intercourse with any human being or animal) and POCSO Act (...
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...