Rape Laws in India

Rape is a stigma which exists in the society from a long time. The dictionary meaning of word rape is “the ravishing or violation of a woman.” The rape victim i.e. a woman as woman cannot commit rape due to biological reasons. She is traumatized after the event; it is very difficult for a woman to come out of this trauma. Rape in India is a cognizable offence. There are many provisions in various Acts. The word rape is legally defined u/s 375 of Indian Penal Code, 1860. It defines the rape and also prescribes its punishment. Whenever a man penetrates or does sexual intercourse with a woman without her consent or will it amounts to rape. Penetration here means that only a slightest of the touch of penis to vagina amounts to rape, unruptured hymen of woman does not prove that rape was not committed. There are exceptions to it also i.e. when a man does sexual intercourse with his wife who is above 15 years of age. The rape law under Indian Penal Code had gone through a lot of amendments. In 1983, amendment was made and S. 376(2) i.e. Custodial rape, S. 376(A) i.e. marital rape & S. 376(B to D) i.e. Sexual Intercourse not amounting to rape were added.

U/s 228A of Indian Penal Code, No person can disclose the name of the rape victim and if anybody discloses the name, he shall be punished with either description for a term which may extend to two years and shall also be liable for fine.

U/s 114-A of Indian Evidence Act, presumption can be made as to the absence of consent in certain prosecutions for rape.

U/s 53(1) of Code of Criminal Procedure, When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.

U/s 164A of Code of Criminal Procedure, provisions for medical examination of rape victim are given.

U/s 327(2) of Code of Criminal Procedure, there should be in camera trial for all rape victims.

The Judiciary in India is burdened with a lot of work and therefore judgment of the rape cases comes very late. Sometimes it comes so late that either of the parties had died. So, there should be speedy trials in rape cases so that the victim gets justice as it is rightly stated that “Justice delayed is justice denied.”

As every coin has two sides, in this case also there are two sides. Many a times girls also make fake complaints just to ruin the life of a boy, sometimes the parents of girl compels her to file a complaint against the boy she loves, as the law shows a lot of sympathy towards the girl. The accused is left with nothing, when the complaint is made his life is ruined irrespective of the fact that he was proved guilty or not. So, in my views there must come an amendment which equalizes the burden of proof on both the sides and the law works smoothly. It should be such that is contradicts the statement i.e. “Law is there for vigilant.”


Rape is a crime, which has a devastating effect on the survivors; it has been described as a “beginning of a nightmare”. The aftershocks include depression, fear, guilt-complex, suicidal-action, diminished sexual interest. etc., “one becomes afraid of’……..writes a victim, “half the human race”. Referring to the pitiable condition of women in society Mr. Justice S. Ahmad observed that “unfortunately, a woman in our country, belongs to a class or group of society who are in a disadvantaged position on account of several social barriers and impediments and have therefore, been victims of tyranny at the hands of men with whom they, unfortunately, under the Constitution “enjoy, equal status”. “Women also have the right to life and liberty; they also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated. They also have the right to lead an honorable and peaceful life”.

Rape is a crime against basic human rights and is also violative of the victim’s most cherished of the fundamental rights, normally, the right to life contained in Article 21 .

Incidence and prevalence:

South Africa has the highest per capita rate of reported rapes in the world: 119 per 100000 people, according to the UN. That compares with 30 per 100000 in the US. Analysts and women’s advocacy groups argue South Africa’s total, including unreported rapes could be five to nine times higher .

Police statistics show more than 50000 rapes are reported every year . In 1987 and 1991 number of cases reported were7767 and 9793 respectively. About 26% (11112) increase in number in the year 1992 – (NCRB). There is one rape in every 54 minutes .

As observed by Justice Arjit Pasayat:

” While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female.”

Justice Krishna Iyer has observed in a very famous case of Rafiq v. State :

“A murderer kills the body but a rapist kills the soul.”

What is Rape?

Rape under English law is defined more particularly where the law cover all the aspect of rape. Under the Sexual Offences Act 2003, which came into force in April 2004, rape in England and Wales was redefined from non-consensual vaginal or anal intercourse, and is now defined as non-consensual penile penetration of the vagina, anus or mouth of another person. The changes also made rape punishable with a maximum sentence of life imprisonment. Although a woman who forces a man to have sex cannot be prosecuted for rape under English law, if she helps a man commit a rape she can be prosecuted for the crime (see, for example, the conviction of Claire Marsh in 2001). A woman can also be prosecuted for causing a man to engage in sexual activity without his consent, a crime which also carries a maximum life sentence if it involves penetration of the mouth, anus or vagina. The statute also includes a new sexual crime, called “assault by penetration”, which also has the same punishment as rape, and is committed when someone sexually penetrates the anus or vagina with a part of his or her body, or with an object, without that person’s consent.

Sexual offence act, 2003 states as follows:-


(1) A person (A) commits an offence if-

(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,

(b) B does not consent to the penetration, and

(c) A does not reasonably believe that B consents.

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents .

With compare to this law, law of India under penal code not cover the penetration of mouth and if such happened then that not amount to rape under our present law above all in India it is observe by our Hon’ble courts that in case of rape if any woman help to commit such rape she will be not charge for the offence of rape as she help to commit the rape but in England it happens and their punishment are also more than us so any one before committing this must think and in the mind of people there is some fear about law and it’s punishment.

Like every other country, laws relating to rape do exist in India. However, justice is rarely achieved. In most cases, rape victims themselves hesitate to make a complaint due to the stigma attached to it in society. Sometimes, even if a complaint is made, the offender gets away due to wide spread ignorance of the laws relating to the offense.

Rape means an unlawful intercourse done by a man with a woman without her valid consent. (Section 375 of the Indian Penal Code, 1860 )

A man is said to commit “rape” if he has sexual intercourse with a woman under circumstances falling under any of the six following descriptions :-

1. Against her will.

2. Without her consent.

3. 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.

4. 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.

5. 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.

6. 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.

AMENDMENTS TO RAPE LAWS IN 1983 were made to address mainly 3 issues :

A. Minimum Punishment in rape cases (IPC Section 376 sub section 1)

B. Special cases of rape (IPC Section 376 subsection 2 a-g )& A)

C. Marital Rape (IPC Section 376 A)

D. Abuse of official power (IPC Section 376,B,C,D)

A. MINIUM PUNISHMENT (Section 376 subsection 1 of Indian Penal Code)

1. Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both : Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.


Prior to this amendment, minimum punishment wasn’t specified, hence this is commendable, but if the judge decides that there is an adequate reason the punishment can be reduced.

B. SPECIAL CASES OF RAPE like rape of a girl who is below twelve years of age, rape knowing the woman to be pregnant , gang rape, and custodial rape definitions, Specific (and sometimes increased) Punishment in some of these cases Shift of burden of proof to defendant from the victim in some of these cases. (Section 376 subsection 2 (a-g) of Indian Penal Code)

1. Rape of a woman who is under twelve years of age [Sec.376 (2) (f)]


Rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.


Unfortunately other than the increased minimum punishment from 7 years to 10 years, no other special concession is given to Child Rape given the increased trauma for the girl. Since even the minimum punishment can be reduced by the judges, much needs to be done in this area.

2. Rape of a woman, knowing her to be pregnant (Sec.376 Subsection 2- e)


Rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.

Exemption from burden of proof if the victim states in court that she did not consent, then the court shall presume that she did not consent and the burden of proving consent shall shift to the accused

3. Gang Rape ( Sec.376 Subsection 2- g)

“Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section. ”

Thus even if five men force a women into having sexual intercourse with only one of them, the remaining four will also be considered to have committed rape under this law. Punishment

Rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.

Exemption from burden of proof :

If the victim states in court that she did not consent, then the court shall presume that she did not consent and the burden of proving consent shall shift to the accused.

4. Custodial Rape: (Sec.376 Subsection 2 a, b, c , d):

Rape committed on a woman in their or their subordinate’s custody by

a) police officer

(i) within the limits of the police station to which he is appointed; or

(ii) in the premises of any station house whether or not situated in the police station to, which he is appointed; or

(iii) on a woman in his custody or in the custody of a police officer subordinate to him;

b) public servant

c) management or the staff of a jail, remand home or other place of custody or a women’s or children’s institution

d) management or on the staff of a hospital


Rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine :Provided that the court.

To understand the impact of sexual harassment on women one must listen to the account of its victims as no one conveys the meaning and truth of sexual harassment better than the women who have endured it. In response to the question “What kind of emotional response do eve-teasing /sexual harassment evoke in you”, not a single woman ticked the category of “indifferent”. The survey of the Gender Study Group shows that most women felt disgusted, insulted and scared by any sort of harassment.

Women often internalise male perceptions of sexual harassment and blame themselves for having brought on the harassment. They not only doubt the validity of their own experiences but begin to believe that they themselves must be ‘abnormal’, ‘cheap’, ‘indecent’ or deserving the violence that comes their way.

Sexual harassment is nothing less than the showcasing of male dominance. Given an opportunity, such men (those committing sexual harassment) would try fulfilling their desire. However, it also not true that all cases of sexual harassment are such- where the accused is guilty of conceiving the intention of a sexual intercourse. But it also depends on each individual case and circumstances, because it may well be the case that the woman may also be at fault.

Every 60 minutes, two women are raped in this country. What is more horrendous is that 133 elderly women were sexually assaulted last year, according to the latest report prepared by the National Crime Records Bureau (NCRB). A total of 20,737 cases of rape were reported last year registering a 7.2 per cent increase over the previous year, with Madhya Pradesh becoming the “rape capital” of the country by topping the list of such incidents.

Going by the NCRB statistics, two women are raped in the country every hour. Madhya Pradesh accounted for 14.5 per cent of the total cases (3,010), with West Bengal following with 2,106 such incidents. Records of high incidence in other states include Uttar Pradesh (1,648), Bihar (1,555) and Rajasthan (1,238). The national capital had 598 cases in which 602 women were sexually assaulted.

In its report Crime in India — 2007, the NCRB noted that offenders were known to the victims in as many as 19,188 cases (92.5 per cent). That included 6,902 incidents in which neighbours were involved. Parents or close family members were involved in 405 cases while in 1,448 cases relatives were involved. “Everywhere in this country, over 90 per cent of the victims are raped by person known to them,” a senior police official said.

According to the official statistics of 1991, one woman is molested every 26 minutes. These statistics refer to the reported cases. Whereas, if the unreported cases were to be included, it would be a matter of seconds- rather than minutes. investigation of Most cases are not reported by victims because of various reasons such as family pressures, the manner of the police, the unreasonably long and unjust process and application of law; and the resulting consequences thereof.

In instances where women have reported such illegal and unwelcome behavior, there have been significant victories in the past decade or so. Also considering the fact the sometimes these victories are achieved after a wait of a decade or so.

As Kiran Bedi., Retd. Joint Commissioner, Special Branch has observed:

“The law of rape is not just a few sentences. It is a whole book, which has clearly demarcated chapters and cannot be read selectively. We cannot read the preamble and suddenly reach the last chapter and claim to have understood and applied it.”

In the Mathura rape case , wherein Mathura- a sixteen year old tribal girl was raped by two policemen in the compound of Desai Ganj Police station in Chandrapur district of Maharashtra.

Her relatives, who had come to register a complaint, were patiently waiting outside even as the heinous act was being committed in the police station. When her relatives and the assembled crowd threatened to burn down the police chowky, the two guilty policemen, Ganpat and Tukaram, reluctantly agreed to file a panchnama.

The case came for hearing on 1st June, 1974 in the session’s court. The judgment however turned out to be in favour of the accused. Mathura was accused of being a liar. It was stated that since she was ‘habituated to sexual intercourse’ her consent was voluntary; under the circumstances only sexual intercourse could be proved and not rape.

On appeal the Nagpur bench of the Bombay High Court set aside the judgment of the Sessions Court, and sentenced the accused namely Tukaram and Ganpat to one and five years of rigorous imprisonment respectively. The Court held that passive submission due to fear induced by serious threats could not be construed as consent or willing sexual intercourse.

When the appeal was made to the Supreme Court, the Senior Counsel “Ram Jethmalani” while defending the accused Policemen divided the concept of consent into two i.e. Express and Implied consent. He said that there was not express consent but it was implied because Mathura raised no alarm, there was no tearing of clothes, no semen on clothes, no cry for help etc, he again said if there had not been any consent, there would have been at least a cry for help. These circumstances are enough to show that there was implied consent. The Supreme Court acquitted both the accused and held that Mathura had raised no alarm; and also that there were no visible marks of injury on her person thereby negating the struggle by her.

The Court in this case failed to comprehend that a helpless resignation in the face of inevitable compulsion or the passive giving in is no consent. However, the Criminal Law Amendment Act, 1983 has made a statutory provision in the face of Section.114 (A) of the Evidence Act , which states that if the victim girl says that she did no consent to the sexual intercourse, the Court shall presume that she did not consent.

In Mohd.Habib Vs State , the Delhi High Court allowed a rapist to go scot-free merely because there were no marks of injury on his penis- which the High Court presumed was a indication of no resistance. The most important facts such as the age of the victim (being seven years) and that she had suffered a ruptured hymen and the bite marks on her body were not considered by the High Court. Even the eye- witnesses who witnessed this ghastly act, could not sway the High Court’s judgment.

In State of Punjab vs. Gurmit Singh , the Supreme Court has advised the lower judiciary, that even if the victim girl is shown to be habituated to sex, the Court should not describe her to be of loose character.

The Supreme Court has in the case of State of Maharashtra Vs. Madhukar N. Mardikar , held that “the unchastity of a woman does not make her open to any and every person to violate her person as and when he wishes. She is entitled to protect her person if there is an attempt to violate her person against her wish. She is equally entitled to the protection of law. Therefore merely because she is of easy virtue, her evidence cannot be thrown overboard.”

In Delhi Domestic Working Women v. Union of India , the Apex Court laid down the following broad guidelines:

• The complainants of sexual assault cases should be provided with legal representation i.e. they should be provided an advocate who could help her properly.

• Legal assistance will have to be provided at the police station since victim of sexual assault might very well be in a distressed state upon arrival at the police station and guidance of a lawyer at that stage is very necessary.

• The police should be under duty to inform the victim of her right to representation before any questions were asked of her and that the police report should state that the victim was so informed.

• A list of advocates who deal in these cases should be kept at the police station for victims who did not have a particular lawyer in mind or whose own lawyer was unavailable.

• In all rape trials anonymity of victim must be maintained, as far as necessary.

• A “Criminal Injuries Compensation Board” should be established.

• Interim compensation should be given to rape victim even if the case is still going on in the court.

• Medical help should be provided and woman should be allowed to abort the child if she becomes pregnant due to the incidence.

• Compensation should be provided to rape victim to rehabilitate herself.

In B. Gautam v. Shubra Chakraborthy , it was held that Rs. 1000 per month should be given to rape victim as an interim compensation.

In Chairman, Railway Board vs. Chandrima Das , a practicing Advocate of the Calcutta High Court filed a petition under Article.226 of the Constitution of India against the various railway authorities of the eastern railway claiming compensation for the victim (Smt. Hanufa Khatoon) – a Bangladesh national- who was raped at the Howrah Station, by the railway security men. The High Court awarded Rs.10 lacs as compensation.

An appeal was preferred and it was contended by the state that:

a) The railway was not liable to pay the compensation to the victim for she was a foreigner.

b) That the remedy for compensation lies in the domain of private law and not public law. i.e. that the victim should have approached the Civil Court for seeking damages; and should have not come to the High Court under Article.226.

Considering the above said contentions, the Supreme Court observed:

“Where public functionaries are involved and the matter relates to the violation of fundamental rights or the enforcement of public duties, the remedy would be avoidable under public law. It was more so, when it was not a mere violation of any ordinary right, but the violation of fundamental rights was involved- as the petitioner was a victim of rape, which a violation of fundamental right of every person guaranteed under Article.21 of the Constitution.”

The Supreme Court also held that the relief can be granted to the victim for two reasons- firstly, on the ground of domestic jurisprudence based on the Constitutional provisions; and secondly, on the ground of Human Rights Jurisprudence based on the Universal Declaration of Human Rights, 1948 which has international recognition as the ‘Moral Code of Conduct’- adopted by the General Assembly of the United Nation.

Causes of Increased Rape Cases in India:

Rape, molestation and abductions, the crimes are numerous but low conviction rates for the same is one of the major reasons for the growing number of offences against women, point out experts.

“Apart from other factors, the low conviction rate in the cases of rape is the biggest worry we have today. There is hardly any deterrence. Law should provide fast track courts to deal with such cases,” says Girija Vyas, Chairperson, National Commission for Women (NCW).

While there were 37,000 cases of molestation and eve-teasing in 2006-07, the conviction rate for such crimes, is below 30 per cent. For rape it is just a dismal 27 per cent.

Brinda Karat, All India Democratic Women’s Association (AIDWA), member says, “I have raised the issue in the Parliament several times that there is a need to step up conviction rate in rape cases drastically. Poor legal system, wrong understanding of policemen in these cases and lengthy procedures especially in child rape where after horrifying rounds of investigation the victim starts feeling that she is an accused and should not have registered the case, are few reasons for low conviction rate.”

“In every 10 hours, a girl of the age of 1-10 is being raped in India. We are raising this issue and have demanded enforcement of stringent laws by government,” she adds.

Reacting to a recent incident in which a minor was raped by a constable and his accomplice in a moving car in the national capital, Vyas says, “This is a special case and it should be dealt with a fast track court. On many occasions, complains do not get registered on time and then it is very difficult to prove that rape actually happened. It should be registered within 24 hours of the incident.”

The accused believe they can get away with it. Officials are corrupt and easily bribed (some are even committing rapes themselves). Women are shamed and humiliated when they come forward because of the backward notion that it’s the woman’s fault (even when the ‘women’ are young children). If they make a case, it becomes public knowledge and their families and society shun them in many cases as they are then seen as ‘damaged goods’. If unmarried they will have great difficulty getting married. Courts don’t always do justice for the victim and find rapists not guilty for ridiculous reasons.

Predators know this and take advantage of it. Even if they get caught, if they have enough money or influence, nothing will happen to them. A woman would have to turn the case into a media circus to have a chance at justice and 90% of rape victims in India would not do so out of fear and shame .

There is a need for review in certain provisions under various laws related to rape so that victims get justice.

The National Commission for Women has identified nine areas for review . These are:

1. Review of the definition of rape

2. Reduction of procedural delays

3.Uniformity in age of consent under sections 375 and 376 of Indian Penal Code, 1860, to bring it in conformity with the Child Marriage Restraint Act, 1869

4. Whether exception to section 375 should be deleted

5. Whether section 155 clause 4 of the Indian Evidence Act 1872 needs to be amended or deleted.

6. Whether statutory provisions are needed for compensation to the rape victim

7. Whether provisions for counseling legal aid should be made mandatory under laws.

8. Death penalty to persons convicted for rape

9. Recommendation for enhancement of punishment in cases where the accused, with the knowledge of suffering from HIV infection/AIDS, infects the victim as a result of rape.


The courts and the legislature have to make many changes if the laws of rape are to be any deterrence. The sentence of punishment, which normally ranges from one to ten years, where on an average most convicts get away with three to four years of rigorous imprisonment with a very small fine; and in some cases, where the accused is resourceful or influential- may even expiate by paying huge amounts of money and get exculpated. The courts have to comprehend the fact that these conscienceless criminals- who sometimes even beat and torture their victims- who even include small children, are not going to be deterred or ennobled by such a small time of imprisonment. Therefore, in the best interest of justice and the society, these criminals should be sentenced to life imprisonment.

Law remains but the number of victims (including minor) continues to increase destroying the very soul of the helpless women. The concept of marital rape does not exist in India. Contrary to the popular belief rape is almost never perpetrated for sexual gratification. It is an ‘acts of violence that happens to be expressed through sexual means’.

The Amendment 1983 has brought about some important changes in the existing laws of rape as a response to the growing public opinion demanding more stringent anti rape laws. It amends Section 376 IPC and enhances the punishment of rape it also provides enhanced punishment of minimum of 10 years of imprisonment for police officers or staff of jail, the remand homes or other places of custody established by law. The Act further inserts a new Section 114-A IEA, by raising a presumption as to absence of consent in cases of custodial rape, rape on pregnant women and gang rape at least partially, removed the infirmity from the evidence of a victim of rape that was hitherto unjustly attached to her testimony without taking note of the fact that in India, unlike the occident a disclosure of the girls identity, rehabilitation in society for all times to come and unless her story was painfully true she would not have taken such a grave risk merely to malign the accused.

Severe and certain punishment in a time bound manner, of the rapists has some deterrent value. Arrest alone may not constitute a strong societal response. Lengthy prison sentences have some behavior-altering deterrent values. Many well-known jurists and public men have advocated capital punishment for the criminals who commit rape as it is an offence worse than murder so far as its impact is concerned. Still there is need for amending the anomaly related to the age of consent, and of wife in accordance with the Marriage Act in India.

59 Comments on “Rape Laws in India”

  • Rajesh


    I got married in may 2013, after having issues I filed my divorce in April 2014 and saperated, I was being alone so one of my friend suggest me to register on matrimonial site and find people like me that there r more sad people then me. I met a girl who was nice at first we met and got intimate too, after 20 days she strart to force to meet and go to her home but it was not possible cuz of job, she start threatening me all the time that she will file a rape case against me if I won’t marry her. One day I got a call from polcr station that I have to marry her or police will send me to jail forever. I told them I can marry once I done my divorce and I can’t marriage cuz my divorce is not done. Then forcefully she married to me in arya samaj (only her friends were there even vitness from my side were her friends) , but after that she threatening me again and again that I have to stay with her and she can still fil rape case. I was in depression and left home for 3 months, one day I got a call from my ex-wife parents (during divorce) that my ex’s brother is sending her sister to orphanage and her beat her daily. My parents made pressure on me to accept my first legal wife. And I took my case back from court. Now my wife is pregnant and the second girl is asking for maintains and keep saying she can file rape case if I won’t give her money. I m lower middle class family and not earning so much. Plz tell me what I can do.

  • Dharamveer


    NEW DELHI: A 52-year-old man has been arrested for allegedly raping the minor daughter of his friend in north Delhi’s Kamla Nagar area. The matter was reported to police on Friday after the 16-year-old girl delivered a baby boy.

    According to the cops, the accused, Ram Kanaujia, runs a small eatery in the same area. He used to visit her house on the pretext of meeting her father and then rape her. A senior police officer said they got a call from the hospital where she was admitted and then recorded her statement.

    Kanaujia purportedly threatened the girl and that’s why she kept quiet all this while, said police.

    She is being counselled by an NGO. Police said her parents couldn’t realize that she was pregnant. They apparently thought she had gained weight.

    On Friday, after returning from school, the girl complained of stomachache and pain in her legs. She was rushed to a hospital and it was then the family came to know about her pregnancy.

    Hospital authorities informed police since it was a case of teenage pregnancy. An NGO was roped in to counsel her. The girl broke down and narrated the whole incident to the counsellors.

    During interrogation, the accused confessed to raping the girl.

    A case has been registered against Kanaujia under sections of rape (376) and POCSO Act at Roop Nagar police station.

    Please follow this news . Ram kanaujia ( the accused ) run large eatry in kamla nagar area delhi 7 opposite of gopal sweet corner. He has criminal background also. Let gets raise a voice for this little girl who is studing. And this bastard spoil her life. Please forward this news on every social sites. God will bless your sisters and mothers

    • Gabbar singh


      Do u knw the backgrnd of dat girl u silly hypocrites ne of u hv seen the reports which are negatives so y every sluts are blaming some respectable people just for money

  • aakash soni


    mere bhai par rape ka case meri hi chacha ki ladki ne lagaya hai humne medical karaya to usme kuch nhi aaya hai to kya mere bhai ko bail milegi ya nhi

  • rambharose_india_mei


    Bhai…..ab to har koi kahegaa….agne janam mohe bitiya na dizioo….kahi b paida ho per india mei nahi…a country where laws are Ram Bharose unlike saudi arabian countries…india is really the worst country to be born in

  • ruchi goswami


    One girl from chattishgar she puting rape case on my husband I know she was his girlfriend so please tell me what can i do

    • guest


      Enjoy women empowerment laws.

      • Raj


        Misuse of 354 A by Female
        Section 354 A of Indian Judiciary Law was introduced to protect the women and their dignity in the country ;However the flaw remained as it was framed as one sided Law which overlooks dignity of Men in the country.
        As a result many false cases and misuse of section 354A by females have been reported till date . It is a request and need of the hour that Government must make the law fool proof so that its not misused by any female to defame /trap any innocent person for their personal grudges/fights.
        1. This section has provision that , any Female can lodge the complaint /FIR even for back dated incident in a fit of rage and section says even if female quotes that some men has touched her inappropriately that too without any eye witness, still police can arrest the person without preliminary investigation and send him to police custody without any evidence proving the allegations.
        2. Another important point in this , that any female can use this section 354 A to Harass male members by falsely implicating him the charges in order to take personal revenge or settle family disputes, since this section supports Female version/complaint is prima face final without any evidence/eye witness
        3. The interesting part of the story is that the female who is lodging the complaint need not even hire any lawyer to defend her side nor need to attend the trails. The person who is implicated needs to face the trails and struggle to prove his innocence and have to spent on lawyer fees, it means multiple one sided trauma and harassment . The law fails in controlling the crime instead has become a tool for few people who use it to frame people easily for handling family issues and personal fights.
        The law is one sided and has a blind eye towards the other part of the story.
        4. It is high time to amend the provisions of the law by balancing both parties so that justice is not denied to the innocent person
        5. Recently, I came across a relevant case of my close relative & hence sharing this.
        The female member is a distant relative and has lodged a false complaint against her own relative for taking revenge on other family issue/fight/conflict. In such case there is not only defamation of the family but also lead to mental harassment which can even lead to critical permanent health damages which are irreparable.
        6. Any suggestion/advice /support for such open misuse of this section 354A?

  • Sonakshi


    Men can be raped, it is biologically possible.

    “..some men can perform sexually, even including orgasm, and still be raped.
    In an article in the Journal of Clinical Forensic Medicine, Roy J. Levin and Willy Van Berlo found that even in men who have not consented to sex, slight stimulation of the genitals or an increase in stress can create erections “even though no specific sexual stimulation is present.”..”


    Please be a little more responsible before posting facually incorrect things on platforms that have such a massive outreach.

    • Rape is biological factor. Rape is a gruesome reality that exists.

      I hate



    For the accused who commit rape they hv to be punished as per the wish of the victim.. if she was murdered, actins have to be taken as her family wanted.. what ever the action is… it may be sentence of death or leaving them or imorisionment

  • Sam


    Kisiko “Legal india” janana hai to dyan se padho….

    Jis ladaki se mera shadi teh hua tha, jab pata chala ki usake affair hai to usane aur usake gharwalo ne shadi ka dabav dalane ke liye “Rape Case – 376” dala jab enqiry ke liye Nashik police wale police station leke gaye tab “Shadi karlo nahi jail jana padega” keheke shadi karwane ki koshik ki…

    jab me nahi mana to 376 case dala jisame mujhe bail 15 din bad mili lekin Case 2 sal ho gaye adhi tak Stand nahi Hua..

    Pure Case me “Khaki vardi wale kutte” jinhe ham police kehate hai unhone “25,000” liye aur “Kale coat wale dalal” jinhe ham vakil kehate hai ab tak “80,000” se jyada paise khaye”

    Ab socho jis desh me Police aur Vakil bhi Rape Case paise khate ho aise desh ko “Legal India” kahenge ya “Illegal India”.

  • Silver


    “a woman as woman cannot commit rape due to biological reasons”

    What kind of bullsh*t law is this? Which unqualified idiot wrote this law? He needs to start working at Mc Donalds

  • Som


    No girl will ibntentionally go out and say she was raped. Statistically speaking, may be less than 10% are false, but only a very very strict law will stop this. May be mothers of boys support their children’s actions (as was proven by dowry deaths). There should be zero tolerance for rape and the rapist should be castrated and his eyes and hands should be removed. Punishment for gang rape should be beheading in public (on TV), so ALL can see him.

    • j


      There r lots of false case like shaddi ka jhasa dekar pahle to khud maje kiye phir jhoota case kiya

  • Dear All,
    I like to tell you in the Somali penal code is just called Indian penal code but we don’t use this reason this law did not give the innocent girl her right and the doesn’t proceed to stop the rape.
    we have Strong culture based for Islamic religion.

  • A girl who get’s raped losses everything. I just want to ask why there is just 10 years or lifetime imprisonment for the guilty? The guilty she be torcherd and should be punished till the end of his life. Let him also suffer the amount of pain which that innocent girl has suffered. Change this Law make India a safe place, punish the guilty in such a manner that next time no one should think of doing this kind of action.

    • Jaswinder Singh


      Give the rapist life time imprisonment and feed only bread and water for lifetime.

  • Verdict of Supreme Court of India is the final word of Country… thereafter one need not to apply own mind.

    In the light of above fact, kindly advise in the matter of total Dead-Lock on delivery of Justice by any court of India:

    My Petition dated 06.02.2013 before the Supreme Court of India seeks Justice in the matter of Rape/ Murder of Women and baby girls, Human Massacre, Insecurity of State etc. and there is a requirement of “Income Certificate” to proceed further for saving of lives of our Mothers/ Daughters/ Sisters.

    Due to the purpose behind the “Income Certificate” Revenue Authorities of Indore City i.e. Tehsildar then SDM and then Collector denied to issue the same.

    So I filed Writ Petition No. 9800 / 2013 on 13.08.2013 before Indore Bench of High Court of Madhya Pradesh – India for Legal Right of “Income Certificate”. However, the Supreme Court had already declared that the Hon’ble Indore Bench is concerning about “Rapist” and not about “Victims”…

    In the light of above declaration, my expectation from Indore Bench for Legal Right of Income Certificate for the purpose of Justice against Rape/ Murder/ Insecurity of State was nothing than the foolishness…

    My expectation was pure stupidity… proofs are that for One and Half Months from the date of filing of WP, it was not listed for Motion Hearing… So I filed 1st Mention Memo on 01.10.2013… WP got listed for continous 3 days but got adjourned for all 3 days without hearing…. I again filed 2nd Mention Memo on 11.10.2013… WP got listed but again adjourned even on 4th occasion without hearing… So obviously intentional adjournments of WP seeking Legal Right of Income Certificate in the matter of Rape/ Murder etc… thus the 4 adjournments get confirmation of intention in the light of verdict of Supreme Court…

    Now the age of my WP before the Hon’ble Indore Bench is Two and Half Months without Motion Hearing whereas I am suffering for last 225 day against the Law of 3 Days for delivery of Income Certificate…. Constitution/ Law is set aside within the Indore Bench… who is going to celebrate Festival of Lights (from 02.11.13) leaving behind Victims into Darkness…

    So evidently I am not going to receive my Legal Right i.e. “Income Certificate”… So Supreme Court will not be able to deliver Justice in the matter of Rape/ Murder/ Insecurity of State… So total encumbrance at all level of 3rd Temple… So no Justice at all for our Mothers/ Sisters/ Daughters… Only Post Mortems… Full chances of my murder/ imprisonment…

    What I should do… No logic in waiting… Indore Bench going for celebrating the Festival of Lights leaving behind the victims into Darkness… So after that… Should I submit my “Ashes” in lieu of “Income Certificate” directly before the Supreme Court-New Delhi or through President House-New Delhi, by calling International Media, for proceeding ahead in the matter of Rape/ Murder/ Insecurity of State etc… I already sent a 6 page Letter dated 23.10.2013 to Chief Justice – M.P. High Court, Jabalpur under cc to Indore Bench, Supreme Court, President of India, Collector, IGP-Indore, DGPMP, All Bar Councils, ICAI etc. to this effect…??… Copy of Letter can be downloaded from following Link:


    With Regards
    CA. Ravi Kumar Goyal
    City-Indore, State-Madhya Pradesh, Country-India

  • Sony


    It’s been noticed that many rape victims are unlikely to report to the police or the legal authority because of the unawareness, public humiliation, rigidness of the law, etc. However the fact is that presently, Indian law is in favour to the victims and encourages them to take the next steps legally to wipe out this crime in the future.
    Rapists will be punished accordingly by the law. Prior to this amendment, minimum punishment wasn’t specified, hence this is commendable, if the judge decides that there is an adequate reason the punishment can be reduced.

    Go through the above site to know more about rape law in India.

    • tumba


      Who noticed it? How can it be reported if it went unreported? “Many rape victims are unlikely to report….”. What you meant by many?
      ….Now if I tell you that 76% of rape caes are false in India (read NCRB report 2013) will you start blog on men’s rights?
      ….If I tell u that 53% of rape cases alone in Delhi are official declared fake in 2013-2014
      ….if a person is presumed guilty (according to above amendments), fights against state, has to prove his innocence without powers that usually state has to collect evidences like call data, CCTV footages etc., if such a person gets acquitted then he MUST be innocent and in Delhi 78% are acquitted.
      ….In India if a boy friend doesn’t marry girl-friend then consensual sex (legally and officially) becomes rape and that’s major reason for filing false cases…to revenge ex-boyfriend
      ….also 498a is mixed with IPC 376 (recently 75 yrs old man got acquitted) to revenge from in-laws
      ….Biduan case, love-jihad, bhatinda gang-rape case, dhaula kuan rape case,..there’s over-reporting of rape in India and still it’s one of the safest country for women.

  • hitesh


    i wanna ask a question.is a women can sexually harassment a man.

  • wht a law..when women rape a man it is call her love..when man love her it is called rape.. when man refuse to marry ..man is called rapist..when women refuse to man to get marry there is nothing..law is made to extort money from man..this is very easiest way to become rich in this country called India.. even man prove him self innocent after lot of himiulation, torcher,black mail financial loss .etc but there is no law to sue againt that culprit lady who impose rape changes against the man ….one can understand how low level of thinking while make this law….in the name of rape women are raping man and try to extort money / property etc..

    • Status


      I absolutely agree with your comments. One of my known is facing Judicialy custody these days, without his fault. This is happening commenly these days. 80-90 % complaints are fake & for extortion. In this case Senior level Haryana Police officials ( Inspector General of Police ) is running this rackets. This is florishing business these days. Is there any forum to fight against it.

      • You must complaint about this at National Commission for Women and tell them the kind of women that exist in the society today. Safe Family Foundation also works against Misuse of Dowry laws and are now also helping victims of false rape. You can google about them and seek support. For complaint, you have to go to the police.

  • unfortunately the Indian Legislatures are unable to understand the gravity of situation, just making and amending law (criminal law amendment act 2013) would reduce the number of crime against WOMEN, if the punishment is capital.

    • advocate shashank


      do u have any better solution?

  • Mahaan Shakti Trust


    Rape is a shameful act it is a act where death of soul effects to injuries of the body. it act effects the family members. our law should have a provision where the victim and the family should be supported legally, financially and mentally. so many rape cases are unnoticed where the victim is neglected or just suppressed not to file legal action. there should be a confidence level in every girls mind to update her insult , (rape). we also agree that many girls file a false case which should not be supported and innocent boys should also have a legal power….. MRS. BINDU BHOSLE FOUNDER CHAIRPERSON MAHAAN SHAKTI TRUST cont. no. 9821447955 email id. mahaanshakti@gmail.com

  • Rape is a shameful act it is a act where death of soul effects to injuries of the body. it act effects the family members. our law should have a provision where the victim and the family should be supported legally, financially and mentally. so many rape cases are unnoticed where the victim is neglected or just suppressed not to file legal action. there should be a confidence level in every girls mind to update her insult , (rape). we also agree that many girls file a false case which should not be supported and innocent boys should also have a legal power…..
    cont. no. 9821447955
    email id. mahaanshakti@gmail.com

  • Rape is a shameful act it is a act where death of soul effects to injuries of the body of the victim. It also effects the family members. Our law should have a provision where the victim and the family should be supported legally, financially and mentally. So many rape cases are unnoticed where the victim is neglected or just suppressed not to file legal action. there should be a confidence level in every girls mind to update her insult, (rape). we also agree that many girls file a false case which should not be supported and innocent boys should also have a legal power…….
    cont. no. 9821447955

  • boy of 18yrs & girl of 16yrs said to be lovers for one year. suddenly the girl lodged complian against the boy under 376, as they made intercoarse for 40 times, from two days after the boy turned 18 yrs

  • sayantika


    rape is the most shamfull event.. it not only ruins the girls life but also put a qustion mark to man kind…….
    the person involved in rape case is more cruel then a murderer……..

  • Rape is an most repulsive task in this world and it is a sign of nudeity of the male mind which is a superlative form of the recresiveness and cheapness in our multymodern world and the rapist are raping thems own mother,sister,daughter and the soule of humanity and the rapist are the result of rape by someone who raped with gang to thems own mothers in our whole world.

  • Rape has to be dealt severely. If if this crime gets out of control , Then people will loose faith in system. May be Lynch mob justice will come into picture. Along with las trained police women should be incharge of the implementation. Read http://delhigirlorsatyamevajayate.blogspot.in/

  • anita


    frndz plz suggest me. They also tried to burn me. Bec of dawery system

  • anita


    my husbnd krishna sah raped me 3 times before 15dyz. But bec of sme reasons stil i havnt put ny case on him . Nw i m wid my frnd. Nd i want suggestins .

    • ramya


      y u feel anita,leave him and forgot ur past,u had braveness,lets come as free bird,work hard and make society respect to u,girls are like god.no tears only brave

    • Debasish ghosh


      You must beware of male, Don’t trust your friend also.

  • My Qustion to all of u, please reply, bcoz i m dipration

    agar ek ladka, ek ladki se pehle dosti karta hai, dosti pyar me badalati gai, pyar ka rishta 5 saalo tak chalta hai. in 5 saal ke safar me shaadi ke vaade hote hai phir agar boy shaadi karne se mana kar de to use kya saja mil sakti hai ya kya saja use girl dila sakti hai. bcoz iz tarah se to boy ne use istemal kiya paanch saalo tak. pls best advice de. i m wating.

    • geetika


      yha tak main sochti hu isa hm rape nahi kah skta bcoz vo uss time par pyar krta tha ho skta hai ladka ki koi mazburi rhi ho jo vo uss ladki sa shadi nahi kr skta othrwise itna time ek attachment uss ladka ko b ho gyi uss ladki k sth

    • P.Pradhan


      Boy should has been marry her.

    • anu


      Yess she is the victim of rape now. Or aisi koyi majburi nahi hoti ki ladka marriage na kar paaye or majburi thi to last 5 years tak kya kar raha tha vo uss ladki ke sath. Atleast the girl should teach him a lesson

  • morphe


    if a girl gets rape and the family members dint file a case 2 the person who committed the crime but just suspended him from work is it good or not according to the indian law.

  • sush102


    i don’t trust girls there should be rules to for fake rape complain . if boy gets the capital punishment and if the complan is wrong then girl should be life time coustedy. in india law is very much side on women… what about rahul gandhi rape complain… what rahul gandhi got just maanhani.. koi bhi aurat dusmani nikal sakti hai..

    • i don’t trust girls there should be rules to for fake rape complain . if boy gets the capital punishment and if the complan is wrong then girl should be life time coustedy. in india law is very much side on women,Many a times girls also make fake complaints just to ruin the life of a boy.when the complain is registered and the boy is under custody for how many days until the result of the court,he too cant apply in any job during this days.also he mentally tortured..then what should the law do in such cases.what should be the outcome in court in such cases?

      • Abhay Singh


        Trure word sir, our India has a soft side on woman. Innocent man never would get justice.

      • sush


        good said

  • shiva


    i wann know abt rape case if one did a CRIME then he came wth me n try to distroy ividenses but i dont know anything abt tht wht will be the out put

  • Mr. Doshi
    there are certain provisions in law which might help that person out, but for that purpose the facts of the case also do matters….

  • What should be the punishment for lady logging false complaint of rape against some body claiming it eas committed 5 yrs ago. As a result the male has no chance to prove it was not committed as there are no medical evidence, no witnesses.no chance to recollect as where he was 5 yrs ago or with whom

  • ram


    rapists should be dealt with severe punishment, such as electrocution, public hanging etc., or else criminals will not have any fear and they may rape repeatedly . there should be women judges to prosecute rapists, women police should file the case in courts. Judges should be made to read that they consider the victim to be their sister/daughter and then read out the punishment to the accused. if there is no strong deterrent then rape cases can only rise

  • Priya


    Enough is enough,hang them rapist these are garbage of our country better to finished them rather than lying in dust bin.

    • ”Agression” is nt only solution , we agree women deserve repect in society , bt just hanged cnt b solution …. A strong investigation cn only lead better solution as per incident … So here we need to look as per principle of equality…

    • Sam


      Hang the girl also who file False rape case..

  • indian


    Why show sane and humane attitude towards accused why think so much before declaring capital punishment for such monsters why label the victim‘s life scarred??why media is banned from showing cigaret smoking in movies fearing its impact on youth but labelling munni badnam hui a superhit wher a woman is treated as an object to entertain 100 of men boozing and with an expression of a potential rapist..empowerment of women
    not jus needed by calling thm equals but treating thm so at homes in society..kill the accused so tht it sets an example for the rest..

  • sandeep


    balatkario ko fhasi ki saja kyu ni hoti … Fhasi ki saja k liye or kita ghinona apradh karna jaruri.? Plz koi jimedar insan iska jawab de.plz

  • ajay


    Hang them with in two days… the punishment for rapist must not be anything else except hanging them..in such case… in other case where clearitey of the case is not there prove it and take action but at any cost the real culprit must be hanged and all the other law related to punishment for rape must be deleted.

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