SECTION 375

Ingredients of the Section: A man commits rape when : 

1. He penetrates his penis into the vagina or mouth or urethra or anus of a woman or makes her do so with him or any other person.  

                               Or

2. Inserts any object or part of the body not being the penis into the vagina or urethra or anus of a woman or makes her do so with him or any other person.

                              Or

3. Manipulates any body part of the woman so as to cause penetration into the vagina or urethra or anus or any other body part or makes her do so with him or any other person.

                          Or

4. Applies his mouth to the vagina or urethra or anus of a woman or makes her do so with him or any other person. 

So, there should be sexual intercourse with a woman by the man  in the manner as explained above and such sexual intercourse should be under any of the following circumstances: 

1. Against her will 

2. Without her consent

3. With consent but vitiated consent :

• With consent obtained under fear of death or hurt. 

• With consent given under a misconception of fact that the man is her husband.

• Consent is given by reason of unsoundness of mind or under the influence of intoxication or any unwholesome substance.

• With a woman under 18 years of age with or without consent.

• When the woman is unable to communicate consent. 

Exception : 

1. Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.  

2. Medical intervention or intervention shall not constitute rape.

Punishment: Any person liable for an offence under this section shall be punished under Section 376 of IPC under the Indian Kanoon with rigorous imprisonment of 10 years or imprisonment for life with a fine. 

Rape of a woman under the age of sixteen years shall be punished with rigorous imprisonment of 20 years or imprisonment for life. 

Composition under section 320 Cr.P.C: This section is not listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.