INTRODUCTION

Rape, generally known as balatkar is a terrifying word in itself. In India, it is one of the most common
criminal activities. So petrifying, humiliating, traumatic and terrifying the word rape is that it destroys
the entire psychology and effects the deepest emotions of the person being raped. The word rape has
been derived from the Latin word ‘rapio’ which means to take away. Therefore the literal meaning of
rape could be forcibly snatching something from someone which is clearly an offence. To force means to
indulge in an activity without the consent of another. Rape is a crime not only against the victim as an
individual but against society as a whole. So utterly shameful is the offence that it even is a crime against
the basic human rights. No single definition can define the word rape because of its exhaustive nature.
Only the person who suffers it, knows it. Therefore rape can be termed as a sex crime. 

To make clear the concept of rape it is important to introduce another concept which is sexual
harassment. In the judgement of a landmark case Vishakha and others V State of Rajasthan
Supreme court laid down certain points that would constitute sexual harassment:

 Physical contact and advances

 Any demand for sexual favours
 Any remarks on the body which is sexually coloured
 Showing off pornography
 Any other forcible physical, verbal or nonverbal conduct of sexual nature.

Supreme Court of India in this case, therefore, held that sexual harassment is the violation of
fundamental rights. Article 14,15,19(1)g,21 are being violated by sexual assault.

Provisions regarding rape laws in India

Rape is a cognizable offence in India. There are so many provisions in different Acts for rape.

Section 375,376A,376B,376C and 376D of Indian Penal Code 1860.Section 53(1)[4], 164A[5],
327(2)6 of Code of Criminal Procedure.Section 114-A[3] of Indian Evidence Act.

The term rape has been legally defined under Section 375 of Indian Penal Code 1860 as a man is
said to commit a rape when there has been sexual intercourse with a woman in any of the
following circumstances:

1. Against her will

2. Without obtaining her consent
3. When the consent is obtained, that consent must not be by putting the person in fear of
death.
4. When the consent has been obtained fraudulently by promising her to be husband in
future.
5. When the consent is given by a person who is of unsound mind or intoxicated or unable
to understand the nature of giving the consent.
6. When a girl is under 16 years of age, with or without her consent.
 7.

If any of the above conditions are met, rape is said to have been committed.

 Section 376 of IPC 1860 specifies the punishment for rape which is imprisonment of not
less than seven years or which may extend to imprisonment for life and also fine.
 Section 376A mentions punishment in case of death for the persistent vegetative state of
victims. The punishment for such circumstances is 20 years imprisonment which may
extend to imprisonment for life.
 Section 376B mentions sexual intercourse by husband on wife during separation. The
punishment for the same shall not be less than two years of imprisonment which may
extend to seven years and fine.
 Section 376C mentions the punishment for sexual intercourse by persons in authority
which is imprisonment for not less than 6 years which may extend to 10 years and fine. 
 376D states when there has been any gang rape, punishment for the same shall be not less
than or 20 years of imprisonment which may extend to life imprisonment and fine.
 376E IPC mentions punishment for the repeat offenders which is imprisonment for life or
death.
 Section 228A[2] of Indian Penal Code states that the name of the rape victim cannot be
disclosed and if anyone does that he shall be punished for a term which may extend to
two years or fine or both.

Landmark judgements that changed the rape

laws in India 
1. Vishaka vs the State of Rajasthan- Bhanwari Devi was gang-raped by five men as she was
preventing child marriage. She went to the trial court but the trial court acquitted all five
accused. Later Vishakha a group for women education and research undertook the case of
Bavaria Devi and filed a petition before Supreme court for sexual harassment at the workplace.
The Supreme Court held that the safety of women at workplace is a must and convicted the five
accused and gave a new definition of sexual harassment.
2. Nirbhaya case- It is the landmark case of 2013. The judgement of the Supreme court widened
the definition of rape laws in this case. The Supreme court reviewing all the facts of the case
gave a death sentence to four adults and sent the minor to reform for 3 years. Changed the
definition will constitute rape when there is penetration in any women’s body part. The
punishment of rape included a minimum of 20 years of imprisonment and death in extreme
circumstances.
3. Tukaram and another V. State of Maharashtra (Mathura Case) – The rape of a young tribal girl in
1978 by two policeman in a police station in Chandrapur district was noticed by Supreme court
much later. Later on, this case leads to amendments in Indian rape law by the Criminal law 1983.
4.  R v. Furoll – A 6-year-old child was raped but not hurt. However, after that incident, she
suffered from gonorrhoea. In this case, it was held that the accused is guilty of committing rape.
5. Premchand v State of Haryana- The judgement of the Supreme court, in this case, was heavily
criticized by the public because the Supreme court, in this case, reduced the punishment of a
 hundred years for rape to 5 years. The review petition was also filed after that but it failed as the
Supreme Court rightly justified their action by issuing an important statement.
6. State of Maharashtra v. Madhukar – In this case, Madhukar was a police inspector who wanted
to be physical with one girl and went to her hut. After the complaint was filed against that
inspector he got this dismissed. The high court took into account the fact that the woman was of
easy virtue and passed judgement in favour of the inspector. The Supreme Court overruled this
and said that any woman of easy virtue is entitled to her fundamental rights therefore the
judgement was reversed.
7. Sakshi v. Union of India- In this case, Sakshi and NGO filed a petition to redefine the meaning of
rape. The law commission of India in 2000 changed part of the definition of rape. The term rape
should be replaced by sexual assault and any form of penetration should be under the term
sexual intercourse according to Section 375 of Indian Penal Code.
8. In State v. Deepak, session court judges decided that being a sex worker does not mean
accepting consent for sexual intercourse. The sex worker still possesses the right to be sought
permission for such acts.
9. In State of Punjab v. Gurmit Singh, Supreme court held that even if the victim enjoys sexual
intercourse the court should not decide the case and not describe the victim to be of loose
character.

Conclusion
Judiciary plays a vital role in finding a proper solution to rape cases. They are responsible to not
rely on law rigidly but to allow some sense of flexibility while deciding such intense matters.
Everyone are trying nowadays to bring into light the saddening part of Indian society and their
approach towards rape. Film industries like Bollywood are also trying to create awareness by
making movies on sensitive topics like Section 375, Pink, etc. While there have been no strict
rules framed for the protection of rape victims which shows the positive side of the picture,
statistics show the actual side which is that there has actually been no such change in spite of the
strict laws. If the laws are really to adhere, the court and the legislation need to make some
changes. The reason being the laws remain the same and the number of victims keeps on
increasing every year. There needs to be some political sensitivity, judicial sensitivity, special
courts and training programmes to be able to control the worsening situation.

Custodial rape
Indian Penal Code, 1860 contains Section 376(2)(a), (b) and, (c) that create a new category of
offence which is termed as ‘custodial rape’. In the general sense, the term custody means the
legal right to take care of something or somebody, especially children. It is the temporary
possession or care of somebody else’s property. But in the legal sense it is the state of being
imprisoned or detained, usually pending in trial. It is different from child custody and hence both
should not be misunderstood. Such a person who is given custody is known as custodian. The
custodian has absolute control over the person on whom he has the custody. 
The control includes mobility, liberty, freedom, food, water, outside relations with the world of
the individual. The offence of committing rape under such situations and circumstances is
considered as serious crime and violation of his duty to take care along with the bodily integrity
of the individual who was raped. 

Rise of custodial rape and examples

The issue of custodial rape came into light in the late 1970s and early 1980s when a continuous
series of incidents of rape of women in police custody came to picture. This issue was mobilised
by the women’s movement. 

Custodial rape generally takes place in the detention by the state via police or army or other
security forces which are appointed to safeguard the lives of individuals but instead outrage the
modesty of a woman. The concept of custodial rape not only includes security forces but also
hospitals, mental institutions, shelter homes and juvenile homes where people are sent for
rejuvenating their health but instead are brutally raped.

Punishment 

The punishment prescribed for custodial rape is at least 10 years of rigorous imprisonment which
may extend up to life imprisonment along with a fine.

Landmark Judgements for Custodial Rape Cases

Smt. Rameeza Bee v. D Armugam (Rameeza Bee’s Case)

In this case, Rameeza Bee was a 26-year-old working female who was returning home along
with her husband, Ahmed Husain who was a rickshaw puller. They were on their way to their
house but they were arrested by the police officers for loitering late in the night. They were asked
to pay a fine. Rameeza was kept in custody and was raped by the three police officers while her
husband was sent home to bring money to pay the fine. After his return, he protested against the
assault committed by the policemen upon his wife but he was beaten mercilessly to death by the
policemen. 

Later, Rameeza Bee complained about the incident which led to violent protests and riots and
four policemen were even suspended. Due to the results of such activities, an inquiry
commission was set up to inquire about the rape of Rameeza Bee and the death of Ahmed
Husain. During the period of commission’s proceedings, the police defended the murder and
rape by putting questions on the character of the victim and tried proving that Rameeza Bee was
married several times earlier and her marriage to Ahmed Husain was not a lawful marriage and
she was wrongfully cohabiting with him. 

However, the commission stated that the police officers guilty of rape as well as murder and they
shall be prosecuted. Subsequently, they were acquitted on the grounds stating that evidence
recorded by the inquiry commission was inadmissible in the session’s Court.
Tuka Ram And Anr vs State Of Maharashtra (Mathura Case)

In this case, Mathura was a young orphan girl who lived with her brother Gama. She worked as a
labourer at Nushi’s home. While she was employed she formed sexual relations with a boy
named Ashok who was the son of Nushi’s sister. Ashok and Mathura decided to get married and
fled away. 

Mathura’s brother filed a report stating that Mathura was kidnapped and all the related parties
which included Ashok, Nushi and other relatives were brought to the police station. After
recording their statements everyone walked out of the station and it was past 10:30 pm. Ganpat
who was one of the police constables asked Mathura to wait inside the police station. He then
closed the gates and turned off the lights inside the police station and took her inside the
washroom and raped her despite her resisting. Then came in the second constable whose name
was Tukaram who also tried to rape her but failed as he was highly intoxicated. 

Later, when she met her family and friends she narrated the entire incident to them and was
medically examined. The medical examinations stated that her hymen revealed old ruptures but
there was no bodily injury. 

Later, the High Court had found the accused guilty and sentenced him but then the Supreme
Court reversed the decision. The Court acquitted the police constables Ganpat and Tukaram as
no bodily injuries were found which showed that Mathura did not resist and gave her consent to
the officials.

Conclusion 
Hence, rape is a heinous crime for which reforms are needed so that the offenders are strictly
aware of the power of law and not cross their boundaries. Certain reforms like enhancement of
punishments for rapists and strict punishment for police officials who at the time of duty do not
perform their task and file FIR in time or did not handle evidence appropriately. Such reforms
have to be bought into the picture so that the crime rate of rape can be reduced.