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UI’m a 3rd year Medical Student and recently I had a viva on Forensic Medicine.
A question was asked to me in the viva by my professor after discussion about rape definition and different sections.
“ A 30 year old man was known to commit sodomy on an 18 year old man……. Is this rape…….if not what else can it be”
Have been thinking about it since then
Need opinions form you all. -
U1. not a rape
2. No definitive offence. Can be put into the criteria of offences against body like hurt, grievous hurt, assault etc depending upon case to case.
Earlier max having sex with a man (w or w/o consent) was a crime under sec 377 ipc but it was read down by the SC.-
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UBecause rape is an offence against women. And a man is not a woman? The experts who drafted the section of rape can answer you question properly. For now the definition of rape is given under section 63 on the BNS which is as follows :-
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UWow what a way to favour the women by law( which is also a delusional jk) and not have men protected by the same law on humanity basis?!? Patriarchy at best. lol
That’s a rape. Let’s the law people in power downplay it however they want. If this is democracy we have to stop accepting that law like this should decide a victims story.
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UPlease don’t spread fake information if you’re not a lawyer. Non consensual sex between two people of the same sex is absolutely amazing offence under the erstwhile S.377 IPC and is not within the scope of the SC judgment
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UDisclamer NAL.
You raise a concerning point. [https://www.thehindu.com/news/national/gang-rape-of-up-man-highlights-need-for-section-377-in-bns-bill/article68320575.ece](https://www.thehindu.com/news/national/gang-rape-of-up-man-highlights-need-for-section-377-in-bns-bill/article68320575.ece) As Veigtable_Database78 pointed out, ipc 377 has rape of a man, but bns doesnt have. While bns seems to have
[https://www.ibanet.org/new-criminal-laws-legalise-male-rape-in-India](https://www.ibanet.org/new-criminal-laws-legalise-male-rape-in-India)
#2: Equal rights for victims: Section 200[^([6])](https://www.ibanet.org/new-criminal-laws-legalise-male-rape-in-India#_edn6): Rights of victims requires that all victims receive equal consideration and respect from the government regardless of their sex.
it doesn’t define rape in a gender neutral way
`”On the other hand, the Bhartiya Nayaya Sanhita has completely removed the provisions under Section 377, which means that the protection of men against rape has been removed in the new Act. The offence of ‘rape’ is covered under Section 63 of the Bharatiya Nyaya Sanhita, which does not provide any protection to a male against sexual assault.”`
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