Attempt to commit rape – Legal definition

Attempt to commit rape

Section 375 of the IPC defines rape. Section 376 IPC makes rape a punishable offence.

Section 511 IPC makes attempt to commit rape a punishable offence.

Read here: IPC Section 511 – Punishment for Attempt to commit offences

What is an attempt to commit rape?

Ejaculation without penetration constitutes an attempt to commit rape and not actual rape.

The sine-qua-non of the offence of rape is penetration and not ejaculation. [Abhyanand Mishra vs. State of Bihar (1961) 2 Cr. LJ 822, AIR 1961 SC 1698]

in order to find the accused guilty of an assault with intent to commit a rape, the court must be satisfied that the accused, when he laid hold of the prosecutrix, not only desired to gratify his passions upon her person but that he intended to do so at all events, and notwithstanding any resistance on her part. [Rex v. James Llyod (1876) 7 C&P 817]

The point of distinction between an offence of attempt to commit rape and to commit indecent assault is that there should be some action on the part of the accused which would show that he was just going to have a sexual connection with her. [Rex v. James Llyod (1876) 7 C&P 817]