girl between 15 and 18 years of age is rape? Exception 2 to Section 375 of
the Indian Penal Code, 1860 (the IPC ) answers this ... below 18 years of age. Unfortunately, by virtue
of Exception 2 to Section 375 of the IPC, if a girl child between
offence
punishable under section 376 IPC is
concerned, the present case falls
under the exception to section 375
inasmuch as Poonam is Jitender
appellant for the offence punishable under Section 376 is justified.
The occurrence pertains to the year 2008. Section 376 IPC prior to the
amendment carried ... imprisonment for a term of less than seven years.
25. Exception 2 to Section 375 reads as under:
Exception 2 - Sexual intercourse or sexual acts
this section, "sexual intercourse" shall mean any of the
acts mentioned in clauses (a) to (d) of section 375 .
13. Section 198B ... against her will amounts to rape punishable u/s 376 IPC. Exception 2 of
Section 375 IPC provides that sexual intercourse or sexual acts
West Bengal Municipal Corporation Act, 2006
WEST BENGAL
India
West Bengal Municipal Corporation Act, 2006
defined in section 375 IPC as it
stood prior to coming into force of Criminal Law
(Amendmend) Act, 2013 and thereafter section 375 ... 375. Rape.-- A man is said to commit "rape"
who, except in the case hereinafter excepted,
has sexual intercourse with a woman under
prosecution case.
24. Section 375 IPC reads thus :
375. A man is said to commit 'rape' who, except in the
case hereinafter excepted ... rape.
(Emphasis is supplied)
The two essential requirements of Section 375 are: (i)
sexual intercourse by a man with a woman; and (ii) such
sexual
defined in
section 375 IPC as it stood prior to coming into
force of Criminal Law (Amendmend) Act, 2013 and
thereafter section 375 ... 375. Rape.-- A man is said to commit "rape" who, except in
the case hereinafter excepted, has sexual intercourse with a
woman under
victim. The said Sections are
not pari-materia to Section 375 with regard to
consent. Even Section 375 IPC states that the
sexual act against ... consent of the adult woman
contemplated under Section 375 is defined in
explanation(ii) to Section 375 as unequivocal
voluntary agreement of the woman
Peelwa, District Nagaur for offence punishable under
Sections 342 , 366-A and 376(2)(i) IPC and Section 3 / 4 , 5 (j)
Second ... between victim and the
petitioner. Learned counsel would contend that Exception 2 of
Section 375 IPC clearly envisages that sexual intercourse by a
man with
