In the said Code, after section 374, the following new sections 375 and 376 under sub-heading “Rape”, shall be inserted, namely:
375. Rape
A man is said to commit rape who has sexual intercourse with a woman under circumstances falling under any of the five following descriptions:(i) against her will; (ii) without her consent; (iii) with her consent, when the consent has been obtained by putting her in fear of death or of hurt; (iv) with her consent, when the man knows that he is not married to her and that the consent is given because she believes that the man is another person to whom she is or believes herself to be married; or (v) 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.
376.Punishment for rape
(1)Whoever commits rape shall be punished with death or imprisonment of either description for a term which shall not be less than ten years, nor more than twenty-five years and shall also be liable to fine. (2)When rape is committed by two or more persons in furtherance of common intention of all, each of such persons shall be punished with death or imprisonment for life.