Rape Lawyer in Delhi
Rape is one of the most serious crimes under Indian law, covered under the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), Bharatiya Nyaya Sanhita (BNS), and Bharatiya Nagarik Suraksha Sanhita (BNSS).
1. Rape Provisions Under IPC & BNS
Under IPC (1860)
- Section 375: Defines rape as non-consensual sexual intercourse with a woman under specific circumstances.
- Section 376: Punishment for rape
- 7 years to life imprisonment + fine
- Section 376A: Rape leading to death or a vegetative state
- 20 years to life imprisonment or death penalty
- Section 376B: Sexual intercourse by husband during separation
- 2 to 7 years + fine
- Section 376C: Rape by a person in authority (e.g., police, teacher, doctor)
- 5 to 10 years + fine
- Section 376D: Gang Rape
- 20 years to life imprisonment + fine
- Section 376E: Repeat offenders
- Life imprisonment or death penalty
Under BNS (2023)
- Section 63: Definition of Rape (same as IPC 375)
- Section 64: Punishment for Rape (same as IPC 376)
- Section 65: Aggravated Rape (same as IPC 376A, 376D)
- Section 66: Gang Rape (same as IPC 376D)
- Section 67: Rape by a person in authority (same as IPC 376C)
Key Changes in BNS:
- Gender-neutral wording: Now applicable beyond male offenders.
- Stricter punishments for repeat offenders and gang rapes.
2. Procedural Aspects Under CrPC & BNSS
| Provision | CrPC (1973) | BNSS (2023) |
|---|---|---|
| FIR Registration | Section 154 (Mandatory FIR for rape cases) | Section 173 (Immediate FIR & police action) |
| Medical Examination | Section 164A (Victim to be examined within 24 hours) | Section 183 (Strict medical examination timelines) |
| Charge Sheet Deadline | Section 173(1A) (Within 60 days) | Section 176 (Faster investigations) |
| Fast-Track Trial | Special courts under POSCO & CrPC | Section 187 (Mandatory fast-track trials) |
3. FAQs on Rape Laws in India
Q1: What should a victim do after a rape incident?
- Go to the nearest police station and file an FIR (mandatory under Sec 154 CrPC/BNSS).
- Medical examination within 24 hours (Sec 164A CrPC).
- Seek legal aid and counseling.
Q2: Is rape a bailable offense?
No. All rape offenses are non-bailable and cognizable.
Q3: Can a husband be charged with rape?
- Under IPC 375, marital rape was not fully recognized.
- BNS 2023 still does not criminalize marital rape completely, but Sec 65 penalizes forced intercourse during separation.
Q4: What is the punishment for gang rape?
20 years to life imprisonment (Sec 376D IPC / Sec 66 BNS).
Q5: How can false rape cases be prevented?
- Strict verification of evidence before arrest.
- Filing counter-cases under Section 211 IPC (False Charges).
4. Solutions to Combat Rape in India
✔ Stronger law enforcement & fast-track trials.
✔ Better awareness & education on consent.
✔ Stricter punishments for repeat offenders.
✔ Support systems for victims (legal aid, medical help, rehabilitation).
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