Expansion of Definition of Rape - Declined

Sakshi and Ors. vs. Union of India (UOI) and Ors. (26.05.2026 - SC) : MANU/SC/0523/2004

Case Note:
Indian Penal Code, 1860

Sections 375 and 376 - Rape-Sexual interference-PIL to alter definition of-Rape as defined in section 375, IPC can notes only hetero-sexual interference involving penetration of vagina by penis-Petition for declaration that sexual intercourse as contained in section 375 to include all forms of penetrations such as penile/vaginal, penile/oral, penile/anal, finger/vaginal, finger/anal and object/vaginal penetrations cannot be acceded to-Prosecution of an accused for an offence under section 376 on radically enlarged meaning of section 375 may be violative of Article 21 of the Constitution as no person to be convicted of an offence except for violation of law in force at the time of commission of the Act-Enactment being penal itself is a reason for not ascribing to phrases used in it a meaning broader than they would ordinarily bear. [19], [20]

Sections 375 and 376-Rape-Child sex abuse-Trial-Evidence to be taken in open court-Procedure under section 327, Cr.P.C.-Directions issued in addition to those issued in State of Punjab v. Gurmit Singh : 1996 (2) SCC 384-Criminal Procedure Code, 1973, Section 327. [33], [34], [35]

Precedent-Doctrine of stare decisis-Stare decisis is a doctrine giving certainty to law under which were a principle of law established by a series of decisions, it would be binding on all courts and be followed in similar cases. [23]

34. The writ petition is accordingly disposed of with the following directions:

(1) The provisions of Sub-section (2) of Section 327 Cr.P.C. shall, in addition to the offences mentioned in the sub-section, would also apply in inquiry or trial of offences under Sections 354 and 377 IPC.

(2) In holding trial of child sex abuse or rape:

(i) a screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the victim) do not see the body or face of the accused;

(ii) the questions put in cross-examination on behalf of the accused, in so far as they relate directly to the incident should be given in writing to the Presiding Officer of the Court who may put them to the victim or witnesses in a language which is clear and is not embarrassing;

(iii) the victim of child abuse or rape, while giving testimony in court, should be allowed sufficient breaks as and when required.

These directions are in addition to those given in State of Punjab v. Gurmit Singh.

35. The suggestions made by the petitioners will advance the cause of justice and are in the larger interest of society. The cases of child abuse and rape are increasing at alarming speed and appropriate legislation in this regard is, therefore, urgently required. We hope and trust that the Parliament will give serious attention to the points highlighted by the petitioner and make appropriate legislation with all the promptness which it deserves.