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IPC 375 relates to rape, and says

A man is said to commit “rape” if he—
(a) 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
(b) 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
(c) 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
(d) applies his mouth to the vagina, 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 descriptions-
(1)Against her will.
(2) Without her consent.
(3) 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.
(4) 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.
(5) 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.
(6) With or without her consent, when she is under eighteen years of age.
(7) When she is unable to communicate consent.

What does the words "makes her to do so with him or any other person" mean? Does "any other person" include the victim herself, as in making her masturbate or insert various objects? How does it compare to laws in similar jurisdictions/countries?

1 Answer 1

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The whole sentence matters

A man is said to commit “rape” if he—(a) 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; [...] under the circumstances falling under any of the following seven descriptions [...]

This contains two setups that are clearly established as working independently from one another: doing a list of things (denoted in italics) or making a woman do the things from the list with another person. Let's take the provisions of (a) to the test and assume one of the descriptions 1-7 is true:

  • Abel commits rape if he penetrates Beatrice with his penis into vagina, mouth, uretha or anus.
  • Abel commits rape if he forces/urges/pressures or otherwise makes Beatrice have such an interaction with Charley.
    • Charley also commits rape.

The language repeats in every other subsection of a to d of the paragraph. As a result, whenever the perpetrator in any way facilitates the rape of another, they also commit rape themselves.

Definition limits

IPC 375 does not apply to Abel violating descriptions 1-7 in a sexual intercourse under a-d with Bob, as Bob is not a woman, and IPC 375 requires in its language that it has to be a man to do things to a woman.

IPC 375 also doesn't apply to Alice using for example her hands or a toy on either Beatrice or Bob in a manner that violates the descriptions 1-7, as Alice is a woman and the language requires a male actor for a crime under this specific paragraph.

That does not preclude that a different paragraph covers these two cases.

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