https://164.100.24.219/BillsTexts/LSBillTexts/PassedLoksabha/63C_2013_En_LS.pdf
First this is a joke and should be a national outrage at the frivolity of the language
the law is draconian. A prostitute can easily, very very easily allege rape and her alllegation alone is enough quite sufficient to convict . Because:
1. Persons character cannot be used for interrogation against her
2. Resistance is not pre-requisite
3. Her statement alone is sufficient to say that it was against her consent.
you cannot record the act either to prove it was consensual since that would be voyeurism
and funny things is INTENT to disrobe is also 3 years
INTENT to throw acid is 10 years minimum.
Some interesting points
Explanation 2.—Consent means an unequivocal voluntary agreement when
the woman by words, gestures or any form of verbal or non-verbal communication,
communicates willingness to participate in the specific s*xual act:
Provided that a woman who does not physically resist to the act of penetration
shall not by the reason only of that fact, be regarded as consenting to the s*xual
activity.
'114A. In a prosecution for rape under clause (a), clause (b), clause (c),
clause (d), clause (e), clause (f), clause (g), clause (h), clause (i), clause (j), clause (k),
clause (l), clause (m) or clause (n) of sub-section (2) of section 376 of the Indian Penal
Code, where s*xual intercourse by the accused is proved and the question is whether
it was without the consent of the woman alleged to have been raped and such woman
states in her evidence before the court that she did not consent, the court shall presume
that she did not consent.
375. A man is said to commit "rape" if he—
(a) penetrates his penis, to any extent, into the v**gina, mouth, urethra or
anus of a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the
penis, into the v**gina, the urethra or anus of a woman or makes her to do so with
him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration
into the v**gina, urethra, anus or any part of body of such woman or makes her to
do so with him or any other person; or
(d) applies his mouth to the v**gina, anus, urethra of a woman or makes
her to do so with him or any other person,
under the circumstances falling under any of the following seven descriptttions:—
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.
Exploitation
of a trafficked
person.
Substitution of
new sections
for sections
375, 376,
376A, 376B,
376C and
376D.
Rape.
Sixthly.—With or without her consent, when she is under eighteen years
of age.
Seventhly.—When she is unable to communicate consent.
