Collection of rape evidence in India – an analysis

Abstract

Rape is a crime committed by the hyper action of sex organs. In a case it was held that rape is a heinous crime and points towards beastly nature of entire society. It is also violative of victim’s most cherished of the fundamental rights, namely the Right to Life Contained in Article 21 in Constitution of India. The basic cause for this offence is to ruin the respect of a female. The women are universally respected. In an offence of rape the investigation officer’s at once seize those clothes of the victim girl (or women) which were/are worn beneath the waist as those clothes would contain the stains of semen. This should be done without any delay as by washing of those clothes the stains may disappear and entire investigation may go waste. It is no secret that survivors of rape in India are humiliated and discriminated. They could face it in their own homes, police stations and then in the hospital where they undergo invasive medical tests that often end up doing little beyond harming their case later in the legal process. Females are raped and sexually assaulted more often than males. Male rape is committed by another man, often in prison. Males who are raped are more likely than females to be physically injured, to be unwilling to report the crime, and to have multiple assailants. In Indian Penal Code rape is defined in Section 375, according to which the rape is sexual illicit sexual relation with a female which is caused by penetration of penis of a male into vagina of female. As after the Criminal Amendment Act 2013 – Section 375 of Indian Penal Code, 1860 state that: A man is said to commit "rape" if he I. Penetrates his penis, to any extent, into the vagina, mouth urethra or anus of a woman or makes her to do so with him or any other person; or II. inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or III. manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or IV. applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,