Rape in India

Rape दुष्कर्म is the fourth most common crime against women in India. 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). Some research indicates that only 5-6% of rape cases in India are reported to the police.

India has been characterised as one of the "countries with the lowest per capita rates of rape". A 2014 piece in The Lancet states that the "8.5% prevalence of sexual violence in the country is among the lowest in the world."

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. 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.

Before 3 February 2013, Section 375 of the Indian Penal Code defined rape as:

§375. Rape. A man is said to commit "rape" who, except case hereinafter excepted, has sexual intercourse 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 years of age.

Explanation. –– Penetration is sufficient to constitute the sexual intercourse necessary to the offence of 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.

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