Bare Act Search Results

Indian Penal Code (45 of 1860) Section 376

Title: Punishment for Rape

State: Central

Year: 1860

.....to have committed gang rape within the meaning of this sub-section. Explanation 2.--"Women's or children's institution" means an institution, whether called an orphanage or a home for neglected woman or children or a widows' home or by any other name, which is established and maintained for the reception and care of woman or children. Explanation 3.--"Hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.] _____________________ 1. Substituted by Act 43 of 1983, section 3, for sections 375 and 376 (w.e.f. 25-12-1983).

Code of Criminal Procedure, 1973 Section 164A

Title: Medical Examination of the Victim of Rape

State: Central

Year: 1973

.....or of the person competent, to give such consent on her behalf to such examination had been obtained. (5) The exact time of commencement and completion of the examination shall also be noted in the report. (6) The registered medical practitioner shall, without delay forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section. (7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf. Explanation.--For the purposes of this section, "examination" and "registered medical practitioner" shall have the same meanings as in section 53.]. ______________________ 1. Inserted by Code of Criminal Procedure (Amendment) Act, 2005

Indian Penal Code (45 of 1860) Section 375

Title: Rape

State: Central

Year: 1860

.....which she gives consent. Sixthly.--With or without her consent, when she is under sixteen years of age. Explanation.--Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Exception.--Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.] STATE AMENDMENT 2 Manipur.--(a) in clause sixthly, for the word "sixteen" substitute the word "fourteen"; and (b) in the Exception, for the word "fifteen" substitute the word "thirteen". _______________________ 1. Substituted by Act 43 of 1983, section 3, for sections 375 and 376 (w.e.f. 25-12-1983). 2. Vide Act 30 of 1950, section 3 (w.e.f. 16-4-1950) (made earlier than Act 43 of 1983).

Code of Criminal Procedure, 1973 Section 53A

Title: Examination of Person Accused of Rape by Medicalpractitioner

State: Central

Year: 1973

.....of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose. (2) The registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely:-- (i) the name and address of the accused and of the person by whom he was brought, (ii) the age of the accused, (iii) marks of injury, if any, on the person of the accused, (iv) the description of material taken from the person of the accused for DNA profiling, and". (v) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The exact time of commencement and completion of the examination shall also be noted in the report. (5) The registered medical practitioner.....

Indian Evidence Act 1872 Section 114A

Title: Presumption as to Absence of Consent in Certain Prosecutions for Rape

State: Central

Year: 1872

1 [114A. Presumption as to absence of consent in certain prosecutions for rape In a prosecution for, rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the Indian Penal Code, (45 of 1860), where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.] _______________________ 1. Inserted by Act 43 of 1983, section 6.

The Criminal Law (Amendment) Act, 2013 Complete Act

State: Central

Year: 2013

.....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 for rape. 376. (1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever," a. being a police officer, commits rape" i. within the limits of the police station to which such police officer is appointed; or ii. in the premises of any station house; or iii. on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or b. being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to.....

The Criminal Law (Amendment) Bill, 2013 Complete Act

State: Central

Year: 2013

.....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. 376. Punishment for rape."( 1 ) Whoever, except in the cases provided for in sub-section ( 2 ), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine. ( 2 ) Whoever," ( a ) being a police officer, commits rape" ( i ) within the limits of the police station to which such police officer is appointed; or ( ii ) in the premises of any station house; or ( iii ) on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or ( b ) being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public.....

The Indian Penal Code 1860 Complete Act

State: Central

Year: 1860

.....Court of Justice (including a liquidator, receiver or Commissioner) whose duty is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property or to execute any judicial process, or to a administrator any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties; Fifth--Every juryman, assessor, or member of a Panchayat assisting a Court of Justice or public servant; Sixth--Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority; Seventh--Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; Eighth--Every officer of the Government, whose duty it is, as such officer, to prevent offences, to give information of offences, to being offenders to justice, or to protect the public health, safety or convenience; Ninth--Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of.....

Criminal Law (Amendment) Act, 2013, Section 9

Title: Substitution of New Sections for Sections 375, 376, 376a, 376b, 376c and 376d

State: Central

Year: 2013

.....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.'. 376. Punishment for rape.-- (1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever,-- (a) being a police officer, commits rape-- (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or (b) being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant.....

Indian Penal Code (45 of 1860) Chapter 16

Title: Of Offences Affecting the Human Body

State: Central

Year: 1860

.....defence. Explanation.--Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. Illustrations (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z"s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to, A, A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as witness before Z, a Magistrate, Z says that he does not believe a word of A's deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A.....