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Rape in India : ウィキペディア英語版
Rape in India

Rape is the fourth most common crime against women in India.〔NCRB, (Crime against women ), Chapter 5, Annual NRCB Report, Government of India (2013), page 81〕 According to the National Crime Records Bureau 2013 annual report,24, 923 rape cases were reported across India in 2012.〔 Out of these, 24,470 were committed by someone known to the victim (98% of the cases).
India has been characterised as one of the "countries with the lowest per capita rates of rape". The National Crime Records Bureau of India suggests a reported rape rate of 2 per 100,000 people, much lower than reported rape incidence rate statistics for many nations tracked by the United Nations.〔〔 A majority of rape cases in India, as elsewhere in the world, are never reported.〔〔
According to 2012 statistics, New Delhi has the highest raw number of rape reports among Indian cities, while Jabalpur has the highest per capita rate of rape reports.〔(Data busts some myths on sexual violence )〕 Several rape cases in India received widespread media attention and triggered protests since 2012.〔〔 This led the Government of India to reform its penal code for crimes of rape and sexual assault.〔
==Definition of rape in Indian Penal Code==

Before 3 February 2013, Section 375 of the Indian Penal Code defined rape as:〔Hem Chandra Mitra and Bamapada Mukhurji, 〕
§375. Rape. A man is said to commit "rape" who, except case hereinafter excepted, has sexual intercourse〔Note: sexual intercourse meant peno-vaginal penetration, all other sexual acts were covered under Section 377 as "unnatural offenses"; VV Devasia (2009), Social Work Concerns and Challenges in the 21st Century, ISBN 978-8131304679, p. 71〕 with a woman in circumstances falling under any of the six following descriptions:-
Firstly. –– 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〔Note: originally ten years in 1860 law, replaced by the word "twelve" in 1891, and replaced with the word "fifteen" in 1950, and word "sixteen" in 1983; Kush Kalra and Priyanka Barupal, Law Sex and Crime, ISBN 978-9382652229, pp. 66-87〕 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.

The above definition excluded marital rape, same sex crimes and considered all sex with a minor below the age of sixteen as rape.
After 2 April 2013, the definition was revised through the Criminal Law (Amendment) Act 2013, which also raised the legal age of minor to eighteen. Rape is now defined for the purposes of Indian penal code as:〔Ministry of Law and Justice, (Criminal Law (Amendment) Act, 2013 ) Government of India (2013)〕
§375. A man is said to commit “rape” if he:–– (a) 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 (b) 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 (c) 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 (d) 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:
Firstly.–– 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 eighteen years of age.
Seventhly. –– When she is unable to communicate consent.
Explanation 1.–– For the purposes of this section, “vagina” shall also include labia majora.
Explanation 2.–– Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act;
Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exceptions –– 1. A medical procedure or intervention shall not constitute rape; 2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Even after the 2013 reform, marital rape when the wife and husband live together, continued not to be a crime in India. Article 376B of the 2013 law made forced sexual intercourse by a man with his wife – if she is living separately – a crime, whether under a decree of separation or otherwise, punishable with at least a 2-year prison term.〔 Forced sex by a man on his wife may also be considered a prosecutable domestic violence under other sections of Indian penal code, such as Section 498(A) as well as the ''Protection of Women from Domestic Violence Act 2005''.〔RC Jiloha, (Rape: Legal issues in mental health perspective ), Indian J Psychiatry. 2013 Jul-Sep; 55(3): 250–255〕 The crime of sexual assault on a child, that is anyone below the age of eighteen, is further outlined and mandatory punishments described in the ''The Protection of Children from Sexual Offences Act 2012''.〔Ministry of Law and Justice, (The Protection of Children from Sexual Offences Act 2012, No. 32 of 212 ) The Gazette of India, Government of India (20 June 2012)〕
All sexual acts between the members of the same sex, consensual or forced, remains a crime under Section 377 of Indian penal code, after the 2013 Criminal Law reform, with punishment same as that of rape.

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