a.Sexual intercourse between husband and wife, Without the consent of the wife
Not a rape based on the Exception to Sec.375 of the IPC
b.Sexual intercourse between husband and wife, Without the consent of the wife, during seperation, pending divorce
Rape based on Sec.376 A of the IPC But the punishment would be Maximum 2 years imprisonment and fine.
c.Sexual intercourse between a man and woman, who are husband and wife, and Without her consent, the age of the woman is above 15 years
Not a Rape based on the Exception to Sec.375 of the IPC.
d.Sexual intercourse between a man and woman, who are husband and wife, and Without her consent, the age of the woman is above 12 years and less than 15 years
Rape But the punishment would be Maximum 2 years imprisonment and a fine.
e.Sexual intercourse between a man and woman, who are NOT husband and wife, with her consent, wherein the age of the woman is less than 16 years
Rape based on 6th clause of Sec.375 of the IPC and the punishment would be Minimum 7 years, though judge has a discretion.
f.Sexual intecourse between a man and woman, who are NOT husband and wife, wherein the age of the man is less than 14 years, with the consent of Both the parties.
Not a Rape. No provision for it.
When the age of the man and woman is not mentioned, please assume it to be above 21. And need not take into account, the amendments for Manipur state. Background : IPC Sec.375 & 376
As per Indian Penal Code, which of the above cases would be rape : b,d,e
Quetzal got it right and got it right even with re. to Manipur amendments
(D - would be rape except in Manipur where the upper age limit would be 13 instead of 15. E - would be rape except in Manipur where the upper age limit would be 14 instead of 16. )
Rape-Marital Status & Age & Gender
The present law on Marital Rape is a contradiction of the unanimous resolution at the UN conference in Beijing, September '95. The resolution guarantees every woman's right to say no to sex as she wishes, specifically wives. India. had signed in the Bejieng convention to make marital rape a crime in 1994. Yet even now a married woman has no right to say no.
Even with her consent, sexual intercourse with a 15 year old girl will be rape, but even without her consent, sexual intercourse with a 15 year old girl will not be a rape, if the rapist is her husband.
Punishment for raping a wife who is 12-15 years old and for raping a wife during seperation is far less for the husband compared with any other person raping her.
Though the Child Marriage Restraint Act says the minimum age of the wife should be 18, when there is lack of punishment if the victim is above 15 or when the punishment for raping even a 12-15 year old is less, just because she is married to the rapist, the Rape laws goes against the spirit of action against Child Marriage.
Even though a man can be raped by a woman under the clauses 3,4,5 & 6 of the Sec.375, IPC, it doesnt take this factor into account.
from http://www.helplinelaw.com/bareact/bact.php?no=16b&dsp=ind-penal-code Chapter xvi : of offences affecting the human body
A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following 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 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.
376A. Intercourse by a man with his wife during separation
Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
Note : I dont have any legal background and additional information, explanations,clarifications etc would be welcome.
When it was posted in o3, and when i was discussing it there, there was a discussion, in which i talked also about need for rape laws for men etc. And therefore posting the discussion in the comment section