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Vergewaltigung in Indien - Strafgesetzbuch

BeitragVerfasst: Donnerstag 16. Januar 2014, 11:51
von furbo
Vergewaltigung in Indien - Strafgesetzbuch - sexuell rape in India - Indian penal code 1860

Das ist ein Auszug aus dem indischen Strafgesetzbuch in Bezug auf sexuelle Nötigung und Vergewaltigung:

http://ncw.nic.in/acts/THEINDIANPENALCODE1860.pdf

Sexual offences
375.
Rape.
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
[color=#0000FF]wife not being under fifteen years of age, is not rape.

376.
Punishment for rape.[/color]
376. Punishment for rape.--(1) Whoever, except in the cases
provided for by sub-section (2), commits rape shall be punished with
imprisonment of either description for a term which shall not be less
than seven years but which may be for life or for a term which may
extend to ten years and shall also be liable to fine unless the woman
raped is his own wife and is not under twelve years of age, in which
case, he shall be punished with imprisonment of either description for
a term which may extend to two years or with fine or with both:
----------------------------------------------------------------------
1. Ins. by Act 18 of 1924, s. 4.
2. Subs. by Act 43 of 1983, s.3 for the heading "Of rape" and ss.
375 and 376.
----------------------------------------------------------------------
185
Provided that the court may, for adequate and special reasons to
be mentioned in the judgment, impose a sentence of imprisonment for a
term of less than seven years.

(2) Whoever,-
(a) being a police officer commits rape-
(i) within the limits of the police station to which
he is appointed; or
(ii) in the premises of any station house whether or
(iii) not situated in the police station to which he is
appointed; or
(iii) on a woman in his custody or in the custody of a
police officer subordinate to him; or
(b) being a public servant, takes advantage of his official
position and commits rape on a woman in his custody as such
public servant or in the custody of a public servant subordinate
to him; or
(c) being on the management or on the staff of a jail,
remand home or other place of custody established by or under any
law for the time being in force or of a women's or children's
institution takes advantage of his official position and commits
rape on any inmate of such jail, remand home, place or
institution; or
(d) being on the management or on the staff of a hospital,
takes advantage of his official position and commits rape on a
woman in that hospital; or
(e) commits rape on a woman knowing her to be pregnant; or
(f) commits rape on a woman when she is under twelve years
of age; or
(g) commits gang rape,
shall be punished with rigorous imprisonment for a term which shall
not be less than ten years but which may be for life and shall also be
liable to fine:
Provided that the court may, for adequate and special reasons to
be mentioned in the judgment, impose a sentence of imprisonment of
either description for a term of less than ten years.
Explanation 1.-Where a women's is raped by one or more in a group
of persons acting in furtherance of their common intention, each of
the persons shall be deemed to have committed gang rape within the
meaning of this sub-section.
Explanation 2.-"women's or children's institution" means an
institution, whether called and orphanage or a home for neglected
women or children or a widows' home or by any other name, which is
established and maintained for the reception and care of women or
children.
Explanation 3.-"hospital" means the precincts of the hospital and
includes the precincts of any institution for the reception and
treatment of persons during convalescence or of persons requiring
medical attention or rehabilitation.


Intercourse by a man with his wife during separation.
376A. Intercourse by a man with his wife during separation.--
Whoever has sexual intercourse with his own wife, who is living
separately from him under a decree of separation or under any custom
or usage without her consent shall be punished with imprisonment of
either description for a term which may extend to two years and shall
also be liable to fine.


Intercourse by public servant with woman in his custody.
376B. Intercourse by public servant with woman in his custody.--
Whoever, being a public servant, takes advantage of his official
position and induces or seduces, any woman, who is in his custody as
such public servant or in the custody of a public servant subordinate
to him, to have sexual intercourse with him, such sexual intercourse
not amounting to the offence of rape, shall be punished with
imprisonment of either description for a term which may extend to five
years and shall also be liable to fine.

Intercourse by superintendent of jail, remand home, etc.
376C. Intercourse by superintendent of jail, remand home, etc.--
Whoever, being the superintendent or manager of a jail, remand home or
other place of custody established by or under any law for the time
being in force or of a women's or children's institution takes
advantage of his official position and induces or seduces any female
inmate of such jail, remand home, place or institution to have sexual
intercourse with him, such sexual intercourse not amounting to the
offence of rape, shall be punished with imprisonment of either
description for a term which may extend to five years and shall also
be liable to fine.
Explanation 1.-"Superintendent" in relation to a jail, remand
home or other place of custody or a women's or children's institution,
includes a person holding any other office in such jail, remand home,
place or institution by virtue of which he can exercise any authority
or control over its inmates.
Explanation 2.-The expression "women's or children's institution"
shall have the same meaning as in Explanation 2 to sub-section (2) of
section 376.

376D.
Intercourse by any member of the management or staff of a hospital
with any woman in that hospital.
376D. Intercourse by any member of the management or staff of a
hospital with any woman in that hospital.--Whoever, being on the
management of a hospital or being on the staff of a hospital takes
advantage of his position and has sexual intercourse with any woman in
that hospital, such sexual intercourse not amounting to the offence of
rape, shall be punished with imprisonment of either description for a
term which may extend to five years and shall also be liable to fine.
Explanation.-The expression "hospital" shall have the same
meaning as in Explanation 3 to sub-section (2) of section 376.]

Aber es gibt noch schlimmeres:

Of unnatural offences
377.
Unnatural offences.
377. Unnatural offences.--Whoever voluntarily has carnal
intercourse against the order of nature with any man, woman or animal,
shall be punished with 1*[imprisonment for life], or with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Explanation.-Penetration is sufficient to constitute the carnal
intercourse necessary to the offence described in this section.


Frisch aus dem Dschungel und frei von britischer Herrschaft sind die Inder natürlich noch voll in einem Entwicklungsstadium auf dem Weg in die Zivilisation - das merkt man schon an der Ausdrucksweise im Gesetzestext! ( das ist zwar englisch - aber nicht so ganz korrektes Juristen Englisch)


Frau möchte ich auf jeden Fall keine sein in Indien!

Gesetz Gewalt gegen Kinder:
http://wcd.nic.in/childact/childprotection31072012.pdf