Section 375 in The Indian Penal Code, 1860
375. Rape.—
A man is said to commit "rape" if he— (a) penetrates his penis
years of age is rape? Exception 2 to Section 375 of
the Indian Penal Code, 1860 (the IPC ) answers this in the negative ... forward to a better future.
Provisions of the Indian Penal Code ( IPC )
28. Section 375 of the IPC defines ‘rape’. This
section 375 of the India Penal Code.
(d) Whether a restrictive interpretation of "penetration" in the
Explanation to Section 375 (rape) defeats ... falling under Section 354, sexual offences falling under Section 375 and
unnatural offences falling under Section 377 of the Indian Penal Code
alia that "sexual intercourse" as contained in Section 375 of the Indian Penal Code shall include all forms of penetration such as penile ... falling under Section 354, sexual offences falling under Section 375 and unnatural offences falling under Section 377 of the Indian Penal Code
criminal offence in the terms of Exception 2 to Section 375 IPC but is an offence under the PocsoAct only. An anomalous state ... years of age in the context of Exception 2 to Section 375 IPC, it is worth noting the view expressed by theCommittee
Section 354 , sexual offences falling under Section 375
BA.4229/08 12
and unnatural offences falling under Section 377 of the Indian Penal
Code ... petitioner committed only an offence under Section 354
IPC and not under Section 376 IPC.
26. It is true, courts have
offence
punishable under section 375 IPC and section 4 of POCSO Act.
Section 376 of IPC provides for punishment ... under sections 29 and 30 of the POCSO
Act. Nevertheless, in order to make out the offence either under
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section 375 IPC
Indian Penal Code does not define 'consent' in
positive terms, but what cannot be regarded as 'consent'
under the Code ... Section 375.
27.We shall turn our attention to the cases which dealt
with the specific phraseology of Section 90 , IPC. We have
therefore framed charges under Sections 376 and 493 IPC. The
petition u/s 227 CrPC was rejected.
Aggrieved thereby the petitioner has filed ... 375
IPC and Section 417 IPC can survive.
This Court is also not unmindful of the proviso under Section
375 IPC
fall within the definition of 'rape' as given in
section 375 IPC. It is further argued that the impugned
FIR does ... clause first of Section
375.
17. It would be appropriate to deal with
the specific phraseology of Section 90 IPC.
We have