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

New series: Wholesale inflation surged to 3-year high of 9.7% in May

The government also released India's first Producer Price Index under the new series, with producer inflation tracking wholesale prices closely

Updated On: 15 Jun 2026 | 11:37 PM IST

Belgium vs Egypt live streaming: Where to watch today's FIFA WC 2026 match?

Zee5, through its app and website, will live-stream the FIFA World Cup 2026 match between Belgium and Egypt

Updated On: 15 Jun 2026 | 11:36 PM IST

SpaceX IPO sparks debate over index rules as AI giants reshape markets

The IPO is the headline, but the real story is about index methodology, said Dina Ting, head of global index portfolio management at Franklin Templeton

Updated On: 15 Jun 2026 | 11:36 PM IST

Cabo Verde's wall: World Cup debutants frustrate Spain with draw in Atlanta

Spain registered 12 shots in the first half but failed to find the net, recording their highest first-half shot tally without a goal at a World Cup since managing 14 against Switzerland in 1966

Updated On: 15 Jun 2026 | 11:36 PM IST

Sarvam AI becomes unicorn after raising $234 mn; HCLTech acquires over 10%

The sovereign AI startup raised $234 million in the first close of its Series B round, with HCLTech emerging as the lead strategic investor

Updated On: 15 Jun 2026 | 11:35 PM IST

More measures on anvil to attract global flows, says FM Sitharaman

Sitharaman says govt working to make investments more attractive

Updated On: 15 Jun 2026 | 11:33 PM IST

US-Iran truce lifts markets; Sensex gains 736 points as oil prices fall

Indian equities advanced along with global markets after the US and Iran agreed on a framework to end the conflict, raising hopes of lower energy prices

Updated On: 15 Jun 2026 | 11:32 PM IST

US, Iran sign peace MoU to end 108-day war; Hormuz hopes set sail

Energy supplies via the Strait to resume slowly after formal deal on Friday

Updated On: 15 Jun 2026 | 11:30 PM IST

Spain vs Cabo Verde HIGHLIGHTS FIFA WC 2026: Vozinha shines as Cabo Verde held Spain for a 0-0 draw

Spain vs Cabo Verde HIGHLIGHTS: The European champions controlled the tempo from the outset, but were unable to score a goal as Cabo Verde forced them to share one point each

Updated On: 15 Jun 2026 | 11:29 PM IST

Mumbai's redevelopment pipeline could unlock homes worth ₹1.5 trn by 2031

Knight Frank India estimates Mumbai's redevelopment pipeline could generate nearly 59,000 new homes worth around ₹1.5 trillion by 2031, with suburban markets leading activity

Updated On: 15 Jun 2026 | 11:28 PM IST

Sebi may bring back open-market buybacks in June 19 board meeting

The regulator may also consider reforms for agri-commodity derivatives, easier AIF approvals, and relaxed borrowing norms for mutual funds

Updated On: 15 Jun 2026 | 11:27 PM IST

Small cars, SUVs drive passenger vehicle sales to record high in May

Scooters powered highest-ever 2W volumes, shows Siam data

Updated On: 15 Jun 2026 | 11:26 PM IST

Novartis brings India's first 'guided missile' therapy for prostate cancer

Novartis launches Pluvicto, a precision treatment that delivers radiation directly to cancer cells

Updated On: 15 Jun 2026 | 11:23 PM IST

RBI allows banks to open repatriable rupee accounts for overseas investors

Move operationalises Centre's decision to expand direct equity investment access beyond NRIs and OCIs

Updated On: 15 Jun 2026 | 11:23 PM IST

Medical costs up, ICICI Lombard makes a case for higher health cover

The insurer said customers should consider higher sums insured to keep pace with rising treatment costs, while stressing that the final decision rests with policyholders

Updated On: 15 Jun 2026 | 11:21 PM IST

Unemployment rate in May rose to 11-month high of 5.5%, shows PLFS data

The labour force participation rate fell to an 11-month low in May, while the worker population ratio also declined, indicating softer labour market conditions

Updated On: 15 Jun 2026 | 11:21 PM IST

NBFCs can distribute insurance products without seeking RBI approval

New framework permits insurance distribution subject to Irdai approval and lays down safeguards for sale of third-party financial products

Updated On: 15 Jun 2026 | 11:20 PM IST

Mercedes to expand PHEV line-up as buyers still prefer conventional cars

Mercedes-Benz India said plug-in hybrids could play a bigger role in its portfolio as most luxury-car buyers continue to favour conventional powertrains despite rising electric-vehicle adoption

Updated On: 15 Jun 2026 | 11:20 PM IST

RBI tightens norms on bundled products; lenders to refund for mis-selling

New framework mandates explicit customer consent, bans dark patterns and requires lenders to compensate customers in cases of mis-selling

Updated On: 15 Jun 2026 | 11:19 PM IST

Datanomics: Petrol price index crosses 100 for first time in new series

Petrol and diesel inflation accelerated in May 2026 as repeated fuel price hikes pushed CPI indices above 100, driven by rising global oil market pressures

Updated On: 15 Jun 2026 | 11:17 PM IST