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Section 375 of the Indian Penal Code requires two essentials to be satisfied
for making it an offence of rape. They are:-
1. An act of sexual intercourse by a man with a woman.
2. The act of sexual intercourse must fall under any one of the seven
categories given in section 375.
What is Rape

According to section 375 of the Indian Penal Code, a man commits rape-
a) If he penetrates his genital into the woman's vagina, mouth, urethra or
anus, or compels the woman to do such act with him or any other person.
Or,
b) If he inserts his genital part or any other part of the body or any object
into the woman's vagina, urethra or anus, or compels the woman to do
such act with him or any other person. Or,

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c) If he manipulates any part of the woman's body to penetrate or insert the
genital part into the vagina, urethra or anus, or compels the woman to do
such act with him or any other person. Or,
d) If he puts his mouth to the woman's urethra, vagina or anus, or compels
her to do such act with him or any other person.

What Circumstances Amount to Act of Rape

If the man performs any of the four sexual acts mentioned above in any of
the circumstances given below, it amounts to rape. The seven
circumstances are:-
1. If the man commits sexual intercourse with the woman against her will.
If the woman doesn't possess the desire to do sexual act, and the man
overtakes the reasoning capability of a woman is deemed to be an act
against her will and amounts to rape.
2. If the man commits sexual intercourse with the woman without her
consent.
Note: Against her will and without consent seems a bit similar with a very
minute difference. Will means desire to do something. If you are not
willing, it means you have not given consent. Whereas consent implies that
you may have a desire to do anything, but you have not given your consent
yet.
3. If the man commits sexual intercourse with the woman and has obtained
consent by putting her or any person related to the woman in fear of death
or hurt amounts to rape.
4. If a man commits sexual intercourse with the woman knowing that he is
not her husband and the woman is consented because she believes him as
her husband or with whom she is lawfully married.
5. If the man obtains the consent of a woman when she is of unsound mind
or intoxicated or administered with any other such substance and when she
is not in a condition to understand the nature of the act. Such sexual
intercourse amount to rape.

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6. If a man commits sexual intercourse with a woman with her consent or
without consent, when she is under sixteen years of age (minor) amounts
to rape. It is immaterial whether she consented or not.
7. If a man commits sexual intercourse with a woman when she is unable
to communicate consent amounts to rape. Such a situation can be when a
woman is an unsound mind, differently able, physically unfit for
resistance, minor, etc.
Explanations In Section 375, IPC

Explanation 1
The term vagina also includes labia mojora, the larger outer folds of the
vulva. Even a slight penetration in the vulva part is sufficient to make it an
offence of rape. Rupturing of the hymen in woman's genital or emanation
(discharge) of semen is not necessary.
Explanation 2
Consent includes every form of consent by a woman, either verbal or non-
verbal. It may be by words, gestures, or communication of willingness for
performing the sexual act.
If a woman does not resist physically to the sexual act doesn't mean that
she has consented. The mere consideration of the fact of non-physical
resistance shall not be regarded.

Exceptions to Offence of Rape

There are two exceptions to the offence of rape. The circumstances which
shall not be considered rape are:-
1. A medical treatment or procedure or intervention in the genital part shall
not constitute rape.
2. A man who commits sexual intercourse with his own wife is not rape.
Provided that the age of the wife should not be under 15 years of age.

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 Punishment for Rape

Punishment for the offence of rape is given under section 376 of the Indian
Penal Code.
Any person who commits rape shall be punished with rigorous
imprisonment of 10 years, which may extend to life imprisonment
depending on the gravity of the offence and shall also be liable to fine.

Can Rape Victim Be Sole Testimony

In Wahid Khan vs. State of MP, 2010, the court held that the conviction
of the accused on the basis of sole testimony of the victim is sustainable. If
there are no such facts and circumstances which put a shadow on the truth
and veracity on prosecution's testimony, then there is no need for
corroboration. The accused may be convicted solely on prosecution's
evidence.

Consequences of Delay in FIR for Rape

In Shyam Singh Hada vs. State of Rajasthan, 2002, the court held that if
the delay in FIR is explained by the family member or victim, it is
sustainable. In rape cases, there are many factors such as honor and dignity
of the victim, which have to be dealt with by the members of the family. If
the delay in filing FIR is not intentional or mala-fide in order to prosecute
the accused maliciously, then it is acceptable by the court.
Conclusion

Rape is a sexual offence against a woman. If a woman is compelled to do

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