image

Section 375

About Section 375

Facebook IconLinkedIN Icon

What is Section 375

What is Section 375 of the Indian Penal Code
 
Section 375 of the Indian Penal Code defines rape as "sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 18 years of age."  
 
It's rape if it falls under following categories:
 
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 a 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.
 
Consent under Section 375
 
Consent is defined as clear, voluntary communication that the woman gives for a certain sexual act. Marital rape is an exception to giving consent as it is not a crime under the Indian Penal Code, as long as the woman is above 18 years of age.
 
Exceptions to Section 375
 
Sexual intercourse by a man with his own wife who is above the age of 18, is not sexual assault.
 
Amendment to Section 375 of IPC
 
The Criminal Law (Amendment) Act, 2013 or the Nirbhaya Act, was passed in Parliament to amend Section 375. To remove ambiguity in the earlier law and provide for strict punishment in cases of rarest cases of sexual violence, the legislation was expanded to define acts like penetration of penis into vagina, urethra, anus or mouth, or any object or any part of body to any extent into the aforesaid woman body parts (or making another person do so), as constituting an offence of sexual assault. Applying mouth or touching private parts were also classified as offences of sexual assault.
 
Punishment
 
Except in certain aggravated situations, the punishment will be imprisonment of not less than seven years but it may extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment for a term which shall not be less than 10 years but which may extend to imprisonment for life, and shall also be liable to fine.

Here are the latest news from Business Standard

Latest News

IPL 2026 live news updates: Captain's meet and shoot for season to take place on March 25

Sri Lanka Cricket has granted NOCs to Dushmantha Chameera, Pathum Nissanka and Kamindu Mendis for IPL 2026 after they successfully passed mandatory physical performance tests

Updated On: 21 Mar 2026 | 1:32 PM IST

IPL 2026: Boult, Shardul looking in rhythm as Mumbai prepare at home

The day combined structured drills, match-like intensity, and light-hearted moments, reflecting a well-rounded approach ahead of the season.

Updated On: 21 Mar 2026 | 1:24 PM IST

Saurav Ghosal hails Olympic debut as watershed, urges ecosystem growth

Recently appointed Sports Commissioner of World Premier Squash, Ghosal said the role is a culmination of his journey in the sport

Updated On: 21 Mar 2026 | 1:24 PM IST

Cameron McEvoy claims 50m freestyle world record in record-breaking swim

The 31-year-old Australian posted a time of 20.88 seconds on Friday at the China Open in Shenzhen, taking 0.03 second off Brazilian Cesar Cielo's previous mark

Updated On: 21 Mar 2026 | 1:22 PM IST

Villarreal defeat Real Sociedad 3-1 to move into third place in La Liga

Gerard Moreno got the opener with a header after seven minutes, and eight minutes later Georges Mikautadze tapped in a second following good work from midfield by Alberto Moleiro

Updated On: 21 Mar 2026 | 1:19 PM IST

Raymond Group chairman injured, 2 Indians missing in Maldives boat accident

There were seven people on board at the time of the incident near Vaavu atoll early Friday morning

Updated On: 21 Mar 2026 | 1:17 PM IST

Fernandes impresses but Manchester United held to 2-2 draw by Bournemouth

Fernandes' in-swinging corner was headed into his own goal by James Hill under pressure from Maguire at the far post

Updated On: 21 Mar 2026 | 1:16 PM IST

Himachal CM Sukhu presents ₹54,928 crore budget for 2026-27, flags RDG hit

Sukhu started his speech by saying that the discontinuation of the revenue deficit grant (RDG) has impacted the annual budget and accused the BJP for not supporting the state's interests

Updated On: 21 Mar 2026 | 1:13 PM IST

Anahat, Tanvi, Abhay, Chotrani storm into Indian Open 2026 semifinals

In the semifinals on Saturday, Anahat will face Tanvi, while Moataz will square off against El Hammamy

Updated On: 21 Mar 2026 | 1:12 PM IST

Sunetra Pawar forwards Rupali Chakankar's resignation to CM Fadnavis

Chakankar, who is also the NCP women's wing chief, submitted the resignation letter to Sunetra Pawar on Friday

Updated On: 21 Mar 2026 | 1:10 PM IST

IPL 2026: Iyer eyes title win as Punjab Kings stress squad bonding

Punjab Kings will open their campaign in the upcoming season against the Gujarat Titans on March 31 at home

Updated On: 21 Mar 2026 | 1:10 PM IST

Parliamentary panel flags underutilisation of funds in river-linking scheme

The report noted that the scheme witnessed underutilisation of funds during the 2025-26 financial year

Updated On: 21 Mar 2026 | 1:09 PM IST

IPL 2026: Right combinations remain the main focus for KKR, says Nayar

Having overhauled their squad after a disappointing 2025 season, KKR have brought in big names such as Cameron Green, Finn Allen, Tim Seifert and Rachin Ravindra, but are yet to finalise their batting

Updated On: 21 Mar 2026 | 1:07 PM IST

Only dialogue can help resolve global conflicts, says VP Radhakrishnan

Commenting on the ongoing Budget Session of Parliament, Radhakrishnan, also the chairperson of the Rajya Sabha, said he was happy to see constructive debates in the House

Updated On: 21 Mar 2026 | 1:07 PM IST

Ready to tackle fuel surge, Iran tensions, says United Airlines CEO

In an internal communication, Scott Kirby outlined the strategy to manage rising costs while sustaining long-term growth and investment plans

Updated On: 21 Mar 2026 | 12:55 PM IST

TMC releases list of 17 candidates ahead of Assam Assembly elections

The Assam assembly polls will be held on April 9, and votes will be counted on May 4

Updated On: 21 Mar 2026 | 12:53 PM IST

IPL 2026: Virat Kohli, Iyer sweat it out during RCB's 1st practice session

The start of the session had Andy Flower addressing the side followed by a pep talk by none other than Kohli who told the players that defending the title is going to be even a tougher than winning it

Updated On: 21 Mar 2026 | 12:31 PM IST

Punjab Minister Laljit Bhullar resigns after manager's suicide in Amritsar

The MLA from Patti in Tarn Taran was asked to resign in connection with the alleged suicide of a Warehouse Corporation district manager in Amritsar

Updated On: 21 Mar 2026 | 12:29 PM IST

Omar Abdullah extends Eid greetings, says illegal war by US-Israel must end

Omar Abdullah calls for end to 'illegal' war, flags impact on Muslims and energy supplies

Updated On: 21 Mar 2026 | 12:19 PM IST

West Bengal election: Job creation main plank of CPI(M)-led Left Front

Left banks on jobs pitch, youth outreach to regain lost ground in Bengal

Updated On: 21 Mar 2026 | 11:44 AM IST