Sexual intercourse with dead person not rape: Chhattisgarh High Court
2 weeks, 3 days ago

Sexual intercourse with dead person not rape: Chhattisgarh High Court

Live Mint  

Chhattisgarh High Court recently ruled that sexual intercourse with a dead person does not constitute rape under Indian law. A division bench comprising Chief Justice of the high court Ramesh Sinha and Justice Bibhu Dutta Guru delivered this landmark ruling. The High Court bench observed that section 376 of the Indian Penal Code and the Protection of Children from Sexual Offences Act are applicable only when the victim is alive. Thus, rendering sexual intercourse with a dead person as not equivalent to rape under the Indian law.

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History of this topic

Raping Dead Body Horrendous Offence, But Does Not Constitute Rape: Chhattisgarh HC Rules On Necrophilia
2 weeks, 2 days ago

Raping Dead Body Horrendous Offence, But Does Not Constitute Rape: Chhattisgarh HC Rules On Necrophilia

ABP News  

The Chhattisgarh High Court in a recent order observed that engaging in sexual intercourse with a dead body does not amount to rape. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Dutta Guru noted that though "raping a dead body" is one of the most "horrendous" offence once can think of, but it does not constitute rape as …

High Court's necrophilia ruling: Sex with dead body horrendous but not rape
Trending News
2 weeks, 2 days ago

High Court's necrophilia ruling: Sex with dead body horrendous but not rape

India Today  

Engaging in sexual intercourse with a person's dead body is one of the most horrendous acts one can think of, but the offence does not come under Section 376 of the now-shelved Indian Penal Code or under the Protection of Children from Sexual Offences Act, the Chhattisgarh High Court has observed. The High Court made the observation while upholding the …

Sex with Dead Body Not Rape, Rules Chhattisgarh HC
2 weeks, 3 days ago

Sex with Dead Body Not Rape, Rules Chhattisgarh HC

Deccan Chronicle  

Bhopal: In a significant verdict, Chhattisgarh high court has held that sexual intercourse with a dead person cannot considered rape under the law. Delivering the judgement in the case, a division bench comprising Chief Justice of the high court Ramesh Sinha and Justice Bibhu Dutta Guru has observed that section 376 of the Indian Penal Code and the Protection of …

'Rape' On A Dead Body 'Horrendous' Act But It Doesn't Amount To An Offence Of Rape: Chhattisgarh High Court
2 weeks, 5 days ago

'Rape' On A Dead Body 'Horrendous' Act But It Doesn't Amount To An Offence Of Rape: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court recently observed that raping a dead body is one of the most horrendous acts one can think of, but the same doesn't amount to any offence punishable under rape laws or the POCSO Act. Thereafter, the dead body was taken to a hill with the assistance of co-accused Neelkanth @ Neelu Nagesh and in order to …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
1 month, 3 weeks ago

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent. Single-judge Justice Govind Sanap while upholding the conviction of a man for raping …

Brutal Raping Case in Jalaun: Life Sentence for 60-Year-Old Accused
2 months, 2 weeks ago

Brutal Raping Case in Jalaun: Life Sentence for 60-Year-Old Accused

Hindustan Times  

A 60-year-old man has been sentenced to life imprisonment for the rape of a 6-year-old girl in Jalaun district, Uttar Pradesh. The verdict was delivered by a special Protection of Children from Sexual Offenses Act (POCSO) court judge, Mohammad Quamar, following a swift trial that concluded in just three months.

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
2 months, 2 weeks ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu  

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court
8 months ago

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court

Op India  

The Madhya Pradesh High Court observed that despite ‘Marital rape’ not being recognized as an offence in India, any sexual intercourse, including unnatural sex by a husband with his wife, does not constitute rape, as the wife’s consent is deemed irrelevant in such instances. “…insertion of penis in the anus of a woman has also been included in the definition …

Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court
8 months ago

Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court

Live Law  

Noting that 'Marital rape' has not been recognised as an offence in India, the Madhya Pradesh High Court has observed that any sexual intercourse, including unnatural sex by a man with a wife, won't amount to rape as the consent of the wife becomes immaterial in such cases. However, as per Exception 2 to Section 375 IPC, sexual intercourse between …

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background
10 months, 3 weeks ago

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background

Live Law  

The Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for raping his own minor daughter, considering that he belonged to a marginalised part of the society.A division bench of Justice GS Sandhawalia and Justice Lapita Banerji said, "No doubt that the act as such is horrific and there can be no sympathy shown …

Haryana: 23-year-old gets life term for rape, murder of minor in 2019
11 months ago

Haryana: 23-year-old gets life term for rape, murder of minor in 2019

Hindustan Times  

A fast track court at Palwal sentenced a 23-year-old man to rigorous life imprisonment for raping and murdering a minor girl in 2019. The court also granted a sum of ₹ 25 lakhs to the parents of the victim as final compensation as per the Victim Compensation Scheme, 2020. The special Protection of Children from Sexual Offences Act court, in …

'Rape is rape even if committed by a husband against wife': Gujarat HC
1 year ago

'Rape is rape even if committed by a husband against wife': Gujarat HC

Op India  

Amid a series of pleas arguing for the criminalisation of marital rape pending before the Supreme Court, the Gujarat High Court in its recent order observed that rape is rape even if it is committed by a husband against his wife. In its 8th December order, a single-judge bench of Justice Divyesh Joshi highlighted that marital rape is illegal in …

Marital rape ‘no crime’ if wife is 18 or above: Allahabad HC
1 year ago

Marital rape ‘no crime’ if wife is 18 or above: Allahabad HC

Hindustan Times  

While acquitting a man of the charges under section 377 of the Indian Penal Code for allegedly committing an “unnatural offence” against his wife, the Allahabad high court has observed that protection of a person from marital rape continues in cases where his wife is of 18 years of age or more. While partly allowing a revision petition filed by …

CJI says petitions to criminalise marital rape to be listed in mid-October
1 year, 3 months ago

CJI says petitions to criminalise marital rape to be listed in mid-October

The Hindu  

Chief Justice of India D.Y. “We will list it sometime in mid-October after the Constitution Bench hearings,” Chief Justice Chandrachud addressed senior advocate Indira Jaising and advocate Karuna Nundy, who jointly mentioned the case for urgent listing. “A man is a man; an act is an act; rape is a rape, be it performed by a man the ‘husband’ on …

Haryana man gets death penalty for rape-murder of minor
1 year, 3 months ago

Haryana man gets death penalty for rape-murder of minor

Hindustan Times  

A court in Kaithal of Haryana on Saturday awarded death sentence to a 22-year-old man convicted of raping and murdering a seven-and-a-half year old girl last year. “The way the culprit has brutalized the girl is intolerable.” The special Pocso court also announced financial assistance of ₹30 lakh to the kin of the deceased by the District Legal Services Authority. …

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal
1 year, 4 months ago

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal

Live Law  

The Delhi High Court has upheld the acquittal of a Muslim man in a rape case observing that his physical relationship with the child victim aged about 15 years, who was also his wife, cannot be termed as rape. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld the trial court order which observed that …

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler
1 year, 4 months ago

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Live Law  

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court recently expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children. The case revolved around the brutal rape of a minor child, committed …

Karnataka High Court urges legal reforms on 'Necrophilia': What you need to know
1 year, 7 months ago

Karnataka High Court urges legal reforms on 'Necrophilia': What you need to know

Hindustan Times  

The Karnataka High Court on May 30 acquitted a 22-year-old man accused in a 2015 case of “murdering a 21-year-old woman and engaging in sexual intercourse with her body.” The court cited sections of the Indian Penal Code that do not explicitly address punishment for engaging in “sexual intercourse with a deceased body,” as the law only applies to acts …

Having sex with dead people not punishable in India: Why do people commit necrophilia, which countries criminalise it?
1 year, 7 months ago

Having sex with dead people not punishable in India: Why do people commit necrophilia, which countries criminalise it?

Firstpost  

It might come as a shocker but necrophilia is not considered rape in India. Observing that attendants appointed to guard bodies in mortuaries of many government and private hospitals indulge in “sexual intercourse” on the corpses, it called for the amendment of the Indian Penal Code under the definition of the offence of unnatural sex or introduce a new provision …

Amend S.377 IPC To Punish Sexual Intercourse With Dead Bodies: Karnataka High Court Recommends To Centre
1 year, 7 months ago

Amend S.377 IPC To Punish Sexual Intercourse With Dead Bodies: Karnataka High Court Recommends To Centre

Live Law  

The Karnataka High Court has recommended the Central Government to amend the provisions of Indian Penal Code or bring in new one, for criminalising sexual intercourse with dead bodies. A division bench Justice B Veerappa and Justice Venkatesh Naik T observed, “It is the high time for the Central Government in order to maintain right to dignity of the dead …

Amend Laws to Punish Rape of Dead Bodies: Karnataka HC Tells Centre
1 year, 7 months ago

Amend Laws to Punish Rape of Dead Bodies: Karnataka HC Tells Centre

News 18  

The High Court of Karnataka has asked the Centre to amend the relevant provisions of the Indian Penal Code or bring in new ones criminalizing and providing for punishment for ‘carnal intercourse’ with corpses. A careful reading of the provisions of Section 375 and 377 of the Indian Penal Code make it clear that the dead body cannot be called …

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]
1 year, 8 months ago

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]

Live Law  

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” …

Shocking! Gujarat man who raped stepdaughter and makes her pregnant gets death sentence
1 year, 9 months ago

Shocking! Gujarat man who raped stepdaughter and makes her pregnant gets death sentence

India TV News  

A court in Gujarat’s Kheda district on Tuesday awarded the death sentence to a 28-year-old man for repeatedly raping his stepdaughter and impregnating her. Crime came to light only after the girl became pregnant As per the prosecution, the accused repeatedly raped the girl, who was then aged 11 years and 8 months, for over five months and threatened her …

The Delhi High Court’s split verdict on marital rape needs resolution
2 years, 7 months ago

The Delhi High Court’s split verdict on marital rape needs resolution

The Hindu  

A division Bench of the Delhi High Court recently delivered a split verdict on whether exception two to Section 375 of the Indian Penal Code, i.e., marital rape exception, is unconstitutional. Since there is no rational nexus between the differentia and the object of the law, marital rape exception fails the test of reasonable classification and must be struck down …

Can Husband Be Prosecuted Under Section 377 IPC When Section 375 IPC Exempts Marital Sex? Delhi High Court To Consider
2 years, 10 months ago

Can Husband Be Prosecuted Under Section 377 IPC When Section 375 IPC Exempts Marital Sex? Delhi High Court To Consider

Live Law  

The Delhi High Court has delinked from a batch of pleas seeking criminalisation of marital rape, a plea seeking to declare that a husband cannot be prosecuted for the offence of unnatural sex with his wife under Section 377 of the Indian Penal Code, when exception 2 to Section 375 gives exception to marital sex from the offence of rape.A …

‘Half-hearted reply an injustice’: Centre asks HC for time to reply in marital rape hearing
2 years, 11 months ago

‘Half-hearted reply an injustice’: Centre asks HC for time to reply in marital rape hearing

Hindustan Times  

“A half-hearted reply” may affect the lives of several citizens, the Union government told the Delhi high court on Monday, as it sought more time to respond categorically on whether it was in favour of doing away with the exception in the rape law that provides immunity to husbands from the offence of marital rape. A bench of justices Rajiv …

Non-Criminalization Of Marital Rape Doesn't Compel Wife To Have Sexual Intercourse; Remedy Of Divorce Available: Delhi Govt Tells High Court
2 years, 11 months ago

Non-Criminalization Of Marital Rape Doesn't Compel Wife To Have Sexual Intercourse; Remedy Of Divorce Available: Delhi Govt Tells High Court

Live Law  

The Delhi Government on Tuesday told the Delhi High Court that the exception to Section 375 of IPC pertaining to non-criminalization of marital rape does not leave a married woman remediless pursuant to forced sexual intercourse by her husband.Advocate Nandita Rao submitted that the exception does not compel a wife to have sexual intercourse with the husband and that the …

Sexual Crimes Within Father-daughter Relationship Descends to Depravity, Says Delhi HC
3 years ago

Sexual Crimes Within Father-daughter Relationship Descends to Depravity, Says Delhi HC

News 18  

The Delhi High Court Monday upheld the life sentence awarded to a father for enabling sexual assault upon her daughter and said that sexual crimes within a father-daughter relationship descend to depravity and must be dealt with the requisite level of severity. This, in our view, is sufficient to bring the actions of the father within section 34 IPC, namely …

'Forced sex with wife does not amount to rape': Chhattisgarh HC
3 years, 4 months ago

'Forced sex with wife does not amount to rape': Chhattisgarh HC

India TV News  

The Chhattisgarh High Court has discharged a 37-year-old man in a rape case filed against him by his wife after observing that sexual intercourse or any sexual act with a legally wedded wife is not rape even if done by force or against her wish. “Counsel for the applicants submits that the complainant and the applicant No.1 are legally wedded …

Marital Rape is Not a Crime in 32 Countries. One of Them is India
3 years, 4 months ago

Marital Rape is Not a Crime in 32 Countries. One of Them is India

News 18  

Sexual intercourse between a husband and wife, even if without the wife’s consent is not rape, the Chhattisgarh High Court observed on Thursday, acquitting a man of marital rape. According to the World Health Organisation, Sexual violence is defined as: “any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise …

Sexual Intercourse Between Husband & Wife Not Rape, Even if by Force: Chhattisgarh HC
3 years, 4 months ago

Sexual Intercourse Between Husband & Wife Not Rape, Even if by Force: Chhattisgarh HC

News 18  

The Chhattisgarh High Court on Thursday acquitted a man of marital rape and ruled that sexual intercourse between legally wedded man and woman is not rape even if it is by force or against the wishes of the wife. The Chhattisgarh High Court held that “sexual intercourse or sexual act by a man with his wife, the wife not being …

'Sex with wife, even if by force, not rape': Chhattisgarh High Court
3 years, 4 months ago

'Sex with wife, even if by force, not rape': Chhattisgarh High Court

Op India  

The Chhattisgarh High Court has upheld a man’s acquittal on charges of marital rape, ruling that sexual intercourse between legally married men and women is not rape, even if it is forced or against the wife’s wishes. During the hearing of the case pertaining to the issue of “marital rape”, the Chhattisgarh High Court observed that if the wife is …

Sex on Pretext of Marriage Not Always Rape: Delhi High Court Acquits Man of Charges
4 years ago

Sex on Pretext of Marriage Not Always Rape: Delhi High Court Acquits Man of Charges

News 18  

In a significant observation on gender-related crimes, the Delhi High Court, while hearing a rape case on Thursday, observed that sex with the promise of marriage does not conform to the definitions of rape if the woman continues to be physically intimate with the man over a significantly long period of time, TOI reported. The court reportedly observed,?In certain cases, …

UP Court Sends Man to Life term Imprisonment for Raping Minor in Amroha
4 years, 2 months ago

UP Court Sends Man to Life term Imprisonment for Raping Minor in Amroha

News 18  

A POCSO court in Uttar Pradesh here has sentenced a man life behind bars till his death after finding him guilty of raping a six-year-old girl. Special judge Veena Narayan held accused, Dalpat, guilty and also slapped a penalty of over Rs 2 lakh on him. “Under Section 6 of the POCSO Act, the accused is sentenced to life till …

The Law And The Dead; Necrophilia
4 years, 6 months ago

The Law And The Dead; Necrophilia

Live Law  

The Criminal Justice System is dynamic in nature. Nevertheless, the penal laws could not punish the accused insofar as the act of sexual intercourse on the dead was concerned as there was no legal provision dealing with such acts. – Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or …

'Rape And Murder' Tops The List Of Cases Where Death Penalty Was Awarded In India : Project39 (NLU-D) Report
4 years, 11 months ago

'Rape And Murder' Tops The List Of Cases Where Death Penalty Was Awarded In India : Project39 (NLU-D) Report

Live Law  

As per the "Death Penalty Report in India: Annual Statistics" published by Project 39A of the National Law University, Delhi, 2019 was a significant year in terms of legal developments on capital punishment in India. Courts gave death penalty for murder involving sexual offences in 18% of the cases in 2016. Further, despite the drop in the total number of …

'Death Penalty For Repeat Rape Offenders': Bombay HC Upholds Constitutional Validity Of Section 376-E IPC
5 years, 7 months ago

'Death Penalty For Repeat Rape Offenders': Bombay HC Upholds Constitutional Validity Of Section 376-E IPC

Live Law  

The Bombay High Court, on Monday, upheld the Constitutional validity of Section 376-E of IPC which provides that repeat offenders in rape cases can be awarded life imprisonment or death penalty. Section 376-E states: "Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376AB or section 376D or section 376DA or section …

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