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Tag: IPC 375 – Rape

Hrishikesh Sahoo Vs State of Karnataka and Ors on 23 Mar 2022

Posted on July 20, 2022 by ShadesOfKnife

 

Hrishikesh Sahoo Vs State of Karnataka and Ors on 23 Mar 2022

Citations :

Other Sources :

 

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Hrishikesh Sahoo Vs State of Karnataka and Ors IPC 375 - Rape IPC 376 - Punishment for rape IPC 377 - Unnatural offences Legal Procedure Explained - Interpretation of Statutes Marital Rape POCSO Act Sec 29 - Burden of Proof on Accused POCSO Act Sec 30 - Presumption of culpable mental state Work-In-Progress Article | Leave a comment

Hrishikesh Sahoo Vs State of Karnataka and Ors

Posted on July 20, 2022 by ShadesOfKnife

 

2022-07-19

From Para 4,

4. Until further orders, there shall be an ad-interim stay of the common impugned judgment and final order dated 23rd March, 2022 passed by the High Court of Karnataka in Writ Petitions No.48367/2018 and 50089/2018 and further proceedings in relation to Special C.C. No. 356 of 2017 arising out of FIR bearing Crime No. 19/2017, pending before the Additional City and Sessions and Special Court for cases under the POCSO Act, Bangalore.

Hrishikesh Sahoo Vs State of Karnataka and Ors on 19 Jul 2022

The Karnataka HC decision is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Hrishikesh Sahoo Vs State of Karnataka and Ors IPC 375 - Rape IPC 376 - Punishment for rape Marital Rape Work-In-Progress Article | Leave a comment

IPC 375 – Rape

Posted on February 22, 2020 by ShadesOfKnife

A man is said to commit “rape” if he—
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person;
or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,
under the circumstances falling under any of the following seven descriptions:—
First.—Against her will.
Secondly.—Without her consent.
Thirdly.—With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.
Fourthly.—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 or believes herself to be lawfully married.
Fifthly.—With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly.—With or without her consent, when she is under eighteen years of age.
Seventhly.—When she is unable to communicate consent.
Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora.
Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:
Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.
Exception 1.—A medical procedure or intervention shall not constitute rape.
Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.


Punishment is here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Gender-biased Laws IPC 375 - Rape | Leave a comment

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