Every animal on the earth is attracted by opposite sex; it is not limited to human. But, to give legality to sex between the human beings in society, the concept of marriage was created. The objects of the marriage are to legitimize the sexual relation between two opposite sexes of healthy bodies, and to legitimize the paternity of child, born during wedlock. Especially in India, all other kinds of sexual relations, between the persons are illegal in various forms, namely, rape, act against the nature, illegal intercourse, adultery etc. Under this topic, we are discussing all of the illegitimate sexual relations, which are crimes in India.

PROVISIONS OF INDIAN PENAL CODE, 1860

• Meaning of Rape:

Rape for a woman is deathless shame and must be dealt with as gravest against human dignity. It is violation with violence on the private person of a woman – Supreme Court.

Rape is such offence, which only can be committed or attempted with woman by man/men. It is such kind of offence which cannot be by punishing the offender only, but, needs a change in the mind of whole society. It has been seen that whole societyincluding the nearest relatives of such victim, hate her. Why? She did not commit any crime, not even a wrong, then why is she treated as an offender? We should remember, she is only the victim, not an accused.

The “ultimate violation of the self” is rape, a humiliating incident that leaves a woman with a lifelong fear of herself and a profound sense of helplessness. It is said that a victim of rape undergoes two searing traumas: Tape, and the subsequent trial; which is not less shattering.

The Supreme Court observed that “rape is violation with violence on the person of a woman[1] again, observed that “rape for a woman is shame and must be dealt with as gravest against human dignity.[2]”

Rape of a child is a diabolic act: “Rape is one of the most depraved acts. The iniquitous, flagitious act becomes abominable when the victim a child. The diabolic act reaches the lowest level of humanity when the rape is followed by brutal murder.[3]”

Rape caused deathless shame: Rape is an outrage on every level because it involves the violent invasion of a woman’s private person. It is the height of offensive behaviour by virtue of the infraction itself. The psychological scar won’t ever go away, even if the physical one does. When a woman is ravished, more than just physical harm is done; a profound sense of unfathomable guilt also results.[4]

[1] Phul Singh v. State of Haryana, 1980 Cr.L.J.8

[2] Rafiqv. State of U.P. (1980) 4 SCC 262

[3]StateofU.P. v. Satish,(2005)3SCC114

[4] StateofM.P. v.MunnaChaubey, (2005)2SCC710