If someone has been previously held guilty for the crime of rape/gang rape, and they are subsequently held guilty for rape/gang rape again, they are punishable with life imprisonment (imprisonment for the remainder of that person’s natural life) or death.1
The Nyaaya Guide to Accessing Safe Abortions aims to highlight the rights available to women accessing abortions and the processes to be followed for a safe and legal abortion.
Rape of LGBTQ+ Persons
When a man has sexual intercourse with you, without your consent, it is considered to be rape under the law. Currently, under the law, only women or trans women can be victims of rape or sexual violence and can only file it against a man.
What is Consent?
Consent is voluntary, clear and unmistakable agreement by a person who expresses their willingness to take part in a specific sexual act.
What is Rape?
Rape is the crime that occurs when a man has sexual intercourse with a woman against her will or without her consent.
Marital Rape
Indian law does not criminalise marital rape. The law does not punish a husband for having forcible sexual intercourse with his wife without her consent, unless she is a minor.
Rape Trial
The inquiry and trial of a rape offence is conducted in camera i.e., not open to the public. However, the judge may allow a person to access or observe the court trial if one of the parties makes an application for the same.
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