WHAT AMOUNTS TO RAPE A man is said to commit rape who has sexual
intercourse with a woman, against her will, or
without her consent, or with her consent when her consent has
been obtained by putting her in fear of death or of hurt, or with
her consent, when the man knows that he is not her husband and that her consent
is given because she believes that he is another man to whom she is lawfully married,
or with her consent, when at the time of such consent, by reason
of unsoundness of mind or intoxication or the administration by him personally
or though another of any stupefying or unwholesome substance she is unable to
understand the nature and consequence of that to which she gives consent.
with or without her consent when she is under sixteen years of age.
However
there are certain exceptions:
Sexual intercourse by a man with
his own wife, the wife not being under fifteen years of age, is not rape.
Indecent assault upon a woman does not amount to an attempt to commit rape unless
the court is satisfied that the accused was determined to gratify his passions
at all events, and in spite of all resistance.
PUNISHMENT Whoever
commits rape shall be punished with imprisonment which shall not be less than
seven years, or for a term which may extend to ten years, and shall also be liable
to fine. Where the rape is committed in custody, or on a pregnant woman, or a
woman under twelve years of age, or gang rape, the imprisonment shall not be less
than of ten years.
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