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Expanded Definition of Rape under Section 375 IPC :A Critical Analysis

By Dr. P. H. Pendharkar

Published In

Cri LJ - 2017

Introduction The definition of rape under section 375 of the Indian Penal Code (hereinafter IPC) has been amended by the Criminal Law (Amendment) Act, 2013. The Amendment Act expanded the definition of rape which takes within its ambit various acts, including certain acts already covered under section 377, IPC. The acts described under these sections, no doubt, are of odious nature. And it is also true, as stated by Lord Macaulay that, regarding such odious class of offences “it is desirable that as little as possible should be said.”1-2  But when the question of interpretation and application of law comes, ‘clarity must prevail over odiousness’. Lack of clarity leads to formation of wrong notions of law. One of the examples of such wrong notions is the opinion of the Rajasthan High Court in Yashasvi Kant Kumar v. State of Rajasthan.3 In this case the Court stat ....

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