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N.K.Assumi (Advocate)     03 March 2009

Can there be a Rape by transgender or Eunuch?

Can there be a case of Rape by transgender or eunuch or hijra?



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 5 Replies

PALNITKAR V.V. (Lawyer)     03 March 2009

Normally the answer should be no. But I think it would depend upon the physical condition of the eunuch in a given case.

N.K.Assumi (Advocate)     03 March 2009

Now IPC says penetration, and a rape was committed but without penetration but ejucalation, can it be rape?

PALNITKAR V.V. (Lawyer)     04 March 2009

Mere ejaculation may occur without penetration due to anxiety or so many other causes. So that itself does not amout to rape.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     09 March 2009

I do agree with my all ld. friends.

ritu bhadana (advocate)     11 March 2009

 well according to the definition of rape under IPC only a MAN can be held liable for commiting rape of  WOMAN so here the point is whether a eunuch or a transgender is considered as a man which is open for interpretation.but they can surely be held liable under section 377 if the requirements of that section is satisfied.


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