indira bach gayi--mandira phas gayi. - Page 3

Originally posted by: -Sachin-

Law always need justification.It clearly states what was the objective behind the crime.

Here in case of Rape--- He will be charged under Section 375 of IPC.

it not asks for justification in the case of rape.
i raped her becuase she provoked me can not be used as defense.
if that was case then everybody use it as defense and get away from sentence in the case of rape.

Originally posted by: -Sachin-

Law always need justification.It clearly states what was the objective behind the crime.

Here in case of Rape--- He will be charged under Section 375 of IPC.

How can 'Rape' be justified?? I mean m not a lawyer or something like that,but I'm unable to get your point.We can justify theft,kidnap,murder or other sorts of crime.But rape?? 😕

indian Penal Code (IPC)

Section 375. Rape

¹[375. Rape.'A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:'

First.' 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.

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

indian Penal Code (IPC)

Section 375. Rape

¹[375. Rape.'A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:'

First.' 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.

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

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@bold

these are sufficient for punishment.

and this section never asks for justification.

Originally posted by: -Sachin-

Well this Law IPC375 is misused a lot by many criminals mainly blackmailing people for extortion etc. so my point was in that reference. As there are many such cases. As in court both the parties will try for there innocence.

Pls dont take it otherwise. Sorry If somebody hurt here.

there are lot of precaution taken before punishment given.most important proof is medical report.

it will give victim is raped or not.

and it also gives mans marks on victims body and his sperm on victims body.
so medical report is most important evidence.this report can not be tempered.

From what we've seen so far,I think it is more appropriate to say that Sam got provoked by Mandiras actions...She did challenged him with fake the pictures but it tells a true story anyway...

Raj, Sorry I cant argue with you anymore because in my first comment I have clearly mentioned about section of punishment.

Originally posted by: -Sachin-

Raj, Sorry I cant argue with you anymore because in my first comment I have clearly mentioned about section of punishment.

I thought you know about the legal proceedings & how the innocent is proved guilty by tampering the proofs. Else thousands of rape victims were not crying for not getting justice from court of law.

There were no requirement of rape victims rehab centers around the world.If everyone would have been getting justice then this graph must have come down.

Just go thru the newspapers... at every page you will find a rape news.

What I found is rape is the most easy crime nowadays happening across the world.

The Latest eg. of former IMF Chief's case.

Sorry in case you are hurt pls let me the by which comment you are hurt i will edit those. Thanks Sachin

why you are telling sorry??

why i am going to hurt by your post??

why you are thinking like that??

it is discussion about law.

i only posting what law says.
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@bold

that is happening just because rapists getting easy bail and not punished properly.
so we need more strict laws and harsh punishments -- which could create fear in the mind of prospective rapists.

but Indian court failing miserably in giving harsh punishment to rapists.

Raj, Ok i will share some more info on Law part maybe tomorrow. As there is Gender Neutral Amendment was also proposed. Under CrPC it was suggested to make this law a non-bailable.