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Full text of "Medical Jurisprudence And Toxicology"

780                                                 MEDICAL JURISPRUDENCE

Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary
to the offence of rape.

Exception.—Sexual intercourse by a man with his own wife, the wife not being
under fifteen years of age, is not rape.

376.    Punishment for rape.—Whoever commits rape shall bo punished with trans-
portation for life, or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine, unless the woman raped is his own
wife and is not under twelve years of age, in which case he shall bo punished with .im-
prisonment of either description for a term which may extend to two years, or with
fine, or with both.

English Law.—A boy under fourteen years of age cannot be convicted of rape, as
at that age he is under a physical incapacity to commit the offence* In India, the*
potency of a person charged with the offence has to be proved by evidence in each
case, as unlike English law there is no limit of age laid down, under which the law
presumes a person physically incapable of committing rape.

377.    Unnatural offences.—Whoever voluntarily has carnal intercourse against the
order of nature with any man, woman, or animal, shall be punished with transportation
for life, or with imprisonment of either description for a term which may extend to ton
years, and shall also be liable to fine.

Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary
to the offence described in this section.

According to English law if the passive agent is tinder fourteen, it is not felony in
him but only in the active agent. If both be of the age of discretion, i.e. above fourteen
years, it is felony in both. A married woman who consents to her husband's committing
an unnatural offence with her is an accomplice.

394. Voluntarily causing hurt in committing robbery.—If any person in committing,
or attempting to commit, robbery voluntarily causes hurt, such person, and any other
person jointly concerned in committing or attempting to commit such robbery, shall be
punished with transportation for life, or with rigorous imprisonment for a term which
may extend to ten years, and shall also be liable to fine.

396.   Dacoity with murder.—If any one of five or more persons who are conjointly
committing dacoity, commits murder in so committing dacoity, every one of those per-
sons shall be punished with death, or transportation for life, or rigorous imprisonment
for a term which may extend to ten years, and shall also be liable to fine*

397.    Robbery or dacoity with attempt to cause death or grievous hurt—If at the

time of committing robbery or dacoity, the offender uses any deadly weapon, or causea
grievous hurt to any person, or attempts to cause death or grievous hurt to any person*
the imprisonment with which such offender shall be punished shall not be less than
seven years.

459.   Grievous hurt  caused whilst committing lurking: house-trespass  or  house-
breaking.—Whoever, whilst committing lurking house-trespass or house-breaking, causes
grievous hurt to any person or attempts to cause death or grievous hurt to any person,
shall be punished with transportation for life, or imprisonment of either description for
a term which may extend to ten years, and shall also be liable to fine.

460.   All persons jointly concerned in lurking house-trespass or house-breaking by
night, punishahle where death or grievous hurt caused by one of them,—If, at the time
of the committing of lurking house-trespass by night or house-breaking by night, any
person guilty of such offence shall voluntarily cause, or attempt to cause, death or
grievous hurt to any person, every person jointly concerned in committing such lurking
house-trespass by night or house-breaking by night, shall be punished with transporta-
tion for life or with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.

511. Punishment for attempting to commit offences punishable with transportation
or imprisonment—Whoever attempts to commit an offence punishable by this Code with
transportation or imprisonment, or to cause such an offence to be committed, and in
such attempt does any act towards the commission of the offence, shall, where no
express provision is made by this Code for the punishment of such attempt, be punished
with transportation or imprisonment of any description provided for the offence, for a
term ot transportation or imprisonment which may extend to one half of the longest
term provided for that offence, or with such fine as is provided for the offence, or with

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