What is sexual intercourse in Section 375 IPC?

Section 375 of the Indian Penal Code (IPC) defines the offence of rape. According to the section, “a man is said to commit “rape” if he has sexual intercourse with a woman under certain circumstances.”

The section goes on to state that sexual intercourse includes any of the following:

  • Penetration of the penis into the vagina, mouth, urethra or anus of a woman or child.
  • Insertion of any object or any part of the body, not being the penis, into the vagina, urethra or anus of a woman or child.
  • Manipulation of any part of the body of a woman or child to cause penetration into the vagina, urethra, anus or any part of body.

The section also states that sexual intercourse with a woman without her consent, or with her consent obtained by putting her or any person in whom she is interested, in fear of death or of hurt, or 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 is considered as rape.

It’s important to note that Section 375 of IPC also criminalizes other forms of sexual assault, such as sexual acts without consent, and sexual acts with a person who is incapable of giving consent. The punishment for rape is imprisonment for a term which shall not be less than 7 years, but which may extend to life imprisonment, and shall also be liable to fine.

Sexual intercourse as per Section 375 IPC

Section 375 of the Indian Penal Code (IPC) defines the offense of rape as follows:

“A man is said to commit “rape” if he:

  • penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person;
  • or inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person;
  • or manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person;
  • or applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:
  • Against her will;
  • Without her consent;
  • 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;
  • 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;
  • 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;
  • With or without her consent, when she is under eighteen years of age;
  • When she is unable to communicate consent.”

Therefore, “sexual intercourse” in Section 375 of the Indian Penal Code refers to any form of penetration, insertion, manipulation or application of the body or an object, by a man, into the vagina, mouth, urethra, anus of a woman, or making her do the same, without her consent, under certain circumstances.

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