ISSUE NO 3

1. Applying SECTION 511 IPC

It means trying to do something that would be considered a crime under the law, even if the
attempt is not successful. So, if someone tries to commit a crime but doesn’t actually
complete it, they can still be punished under this section.

2. Malafide Intention of accused has to be proven

Make 375 constitutionally valid

1. Protection of Vulnerable Groups:

Section 375 of the IPC aims to protect individuals, particularly women, who are
vulnerable to sexual exploitation and coercion. The provision serves to safeguard their
bodily integrity and autonomy, which aligns with the constitutional principles of
dignity and equality.

2. Reflects Social Realities:

The provision reflects the social realities and prevailing norms regarding sexual
consent and rape. It acknowledges the historical and systemic discrimination against
women in matters of sexual autonomy and provides legal recourse for victims of
sexual violence.

3. Presumption of Innocence:

Section 375 of the IPC follows the principle of "innocent until proven guilty" by
placing the burden of proof on the prosecution to establish the absence of consent
beyond a reasonable doubt. This ensures fair treatment for the accused while
prioritizing the protection of victims.

4. Prevention of Sexual Exploitation:

By criminalizing sexual intercourse obtained through false promises of marriage or

other forms of deception, Section 375 acts as a deterrent against sexual exploitation
and manipulation. It helps maintain social order and promotes respect for individual
autonomy and dignity.

5. International Obligations:

India is a signatory to various international conventions and treaties, such as the

Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW), which mandate the protection of women's rights, including the right to
sexual autonomy and freedom from sexual violence. Section 375 aligns with these
international obligations by addressing gender-based violence and discrimination.

These arguments highlight the rationale behind Section 375 of the IPC and
demonstrate its compatibility with constitutional principles, societal norms, and
intssernational commitments aimed at protecting individuals from sexual violence and
exploitation.