CrPC Section 375

CrPC Section 375 defines the offence of rape under Indian law. It specifies the acts that constitute rape, focusing on non-consensual sexual intercourse and related acts. Understanding this section is crucial as it lays the foundation for prosecuting sexual offences and protecting victims’ rights.

This section plays a vital role in criminal law by clearly outlining what amounts to rape. It helps law enforcement and courts identify and punish offenders while safeguarding the dignity and safety of individuals, especially women.

CrPC Section 375 – Exact Provision

This section precisely defines rape by listing specific situations where sexual intercourse is considered non-consensual or invalid. It emphasizes consent, the victim’s understanding, and age, making it a comprehensive legal tool to identify and prosecute rape cases. The provision also excludes marital rape except under certain conditions, reflecting the legal stance as of 2026.

• Defines rape through six specific circumstances.

• Focuses on consent and victim’s capacity.

• Includes age-based protection under sixteen years.

• Excludes marital rape except in defined cases.

• Forms the basis for prosecuting sexual offences.

Explanation of CrPC Section 375

Section 375 explains what legally counts as rape. It says rape happens when a man has sexual intercourse with a woman without her true consent or under certain wrong conditions. It protects women by defining when consent is invalid or absent.

• States six conditions under which sexual intercourse is rape.

• Affects men accused of sexual offences and women victims.

• Triggers when intercourse happens without valid consent or with minors.

• Allows prosecution when consent is coerced, mistaken, or absent.

• Prohibits considering intercourse with minors or forced acts as consensual.

Purpose and Rationale of CrPC Section 375

This section exists to clearly identify and criminalize rape, protecting individuals from sexual violence. It ensures that consent is genuine and informed, and that vulnerable persons like minors receive special protection. The law balances the need to punish offenders and uphold victims’ rights.

• Protects victims from sexual violence.

• Ensures clear legal standards for consent.

• Balances police powers with individual dignity.

• Prevents misuse by defining precise conditions.

When CrPC Section 375 Applies

Section 375 applies whenever sexual intercourse occurs under the defined unlawful conditions. It is relevant in criminal investigations, trials, and legal proceedings involving sexual offences against women.

• Conditions: sexual intercourse without valid consent or with minors under 16.

• Authority: Police, magistrates, and courts handle cases.

• Courts: Sessions Court usually tries rape cases.

• Time limits: No specific limitation for filing complaints, but timely reporting is encouraged.

• Exceptions: Marital rape generally excluded except in special cases.

Cognizance under CrPC Section 375

Cognizance of rape offences under Section 375 is taken by magistrates upon receiving a police report or complaint. The police must register an FIR and investigate. The magistrate can then summon the accused and proceed with trial if evidence exists.

• Police register FIR on complaint or suo moto.

• Magistrate takes cognizance based on police report.

• Investigation and evidence collection precede trial.

Bailability under CrPC Section 375

Rape under Section 375 is generally a non-bailable offence due to its serious nature. Bail may be granted at the discretion of the magistrate or sessions court, considering the facts and severity of the case.

• Non-bailable offence in most cases.

• Bail granted only with strong justification.

• Victim’s safety and public interest considered.

Triable By (Court Jurisdiction for CrPC Section 375)

Cases under Section 375 are triable by Sessions Courts due to the gravity of the offence. Magistrate courts may conduct preliminary hearings but the main trial is before the Sessions Court.

• Sessions Court has jurisdiction for trial.

• Magistrate courts handle initial procedures.

• Special courts may be designated for speedy trials.

Appeal and Revision Path under CrPC Section 375

Appeals against convictions or acquittals under Section 375 lie with the High Court. Revision petitions can also be filed to challenge procedural errors or legal issues during trial.

• Appeals to High Court after Sessions Court verdict.

• Revision petitions for procedural or legal review.

• Timelines as per CrPC and court rules.

Example of CrPC Section 375 in Practical Use

Person X forcibly has sexual intercourse with woman Y without her consent. Y reports the incident to police, who register an FIR under Section 375. The magistrate takes cognizance, and the case proceeds to Sessions Court. The accused is tried and convicted based on evidence and victim testimony.

• Section 375 enabled prosecution of non-consensual act.

• Key takeaway: clear legal definition protects victims and punishes offenders.

Historical Relevance of CrPC Section 375

Section 375 has evolved to broaden the definition of rape, including various forms of non-consensual acts and protecting minors. Amendments have expanded the scope to address modern understandings of consent and sexual violence.

• Originally narrower definition, expanded over time.

• Major amendments included consent and age criteria.

• Reflects changing societal attitudes towards sexual offences.

Modern Relevance of CrPC Section 375

In 2026, Section 375 remains central to combating sexual violence. It supports victim rights, guides police investigations, and ensures courts have clear standards. Modern challenges include addressing digital evidence and ensuring speedy trials.

• Supports victim protection and justice delivery.

• Adapts to new forms of sexual offences.

• Emphasizes informed consent and legal clarity.

Related Sections to CrPC Section 375

• Section 376 – Punishment for Rape

• Section 164 – Recording of Confessions and Statements

• Section 173 – Police Report and Investigation

• Section 166A – Public Servant’s Duty to Report Rape

• Section 376A – Punishment for Causing Death or Committing Rape

Case References under CrPC Section 375

1. State of Rajasthan v. Om Prakash (2009, AIR 2009 SC 1289)

   – Consent obtained by fear invalidates consent, constituting rape.

2. Vishaka v. State of Rajasthan (1997, AIR 1997 SC 3011)

   – Defined sexual harassment and emphasized protection of women’s rights.

3. Delhi Domestic Working Women’s Forum v. Union of India (1995, AIR 1995 SC 922)

   – Highlighted the need for victim protection and speedy justice.

Key Facts Summary for CrPC Section 375

• Section:

  375

• Title:

  Definition of Rape

• Nature:

  Procedural and substantive offence definition

• Applies To:

  Accused (male), victim (female)

• Cognizance:

  Magistrate takes cognizance on police report or complaint

• Bailability:

  Generally non-bailable

• Triable By:

  Sessions Court

Conclusion on CrPC Section 375

Section 375 is fundamental in defining and addressing the crime of rape in India. It provides a clear legal framework that helps protect victims and ensures offenders are held accountable. The section’s detailed criteria on consent and age make it a robust tool against sexual violence.

Understanding this section empowers citizens to recognize unlawful acts and seek justice. It balances the rights of the accused with the need to protect victims, reflecting the evolving nature of criminal law and societal values in India.

FAQs on CrPC Section 375

What acts are covered under Section 375?

Section 375 covers sexual intercourse without valid consent, including forced, coerced, or with minors under 16 years. It defines six specific conditions that make the act rape under law.

Is marital rape included in Section 375?

Generally, marital rape is excluded except in special circumstances as per legal provisions. The law primarily addresses non-marital sexual offences, though debates continue on this issue.

Who can file a complaint under Section 375?

The victim or any person on her behalf can file a complaint. Police can also register FIRs based on information received about the offence.

Is rape under Section 375 a bailable offence?

No, rape is generally a non-bailable offence. Bail is granted at the court’s discretion considering the seriousness and facts of the case.

Which court tries cases under Section 375?

Sessions Courts have jurisdiction to try rape cases. Magistrate courts handle preliminary matters but the main trial is before the Sessions Court.