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MULUKI AIN REGARDING RAPE, CHAPTER 14

Unofficial Copy, Translated verson upto 9th amandment of Muluki Ain Kathmandu School of Law

Chapter 14

Regarding Rape

*

No. 1 : Having sexual intercourse with an unmarried girl, a widow or someone's wife under sixteen years of age with or without her consent and with one above sixteen years of age without her consent by using force or showing threat or even under inappropriate influence is proved to be a rape case.

No. 2 :For raping a woman within kinship, the one who rapes will get punishment mentioned in the chapter regarding sexual intercourse within kinship in addition to the punishment in accord with this chapter. As for the case of life imprisonment, the punishment for rape will not be added.

No. 3 : One who commits rape should be imprisoned for six upto ten years if the woman raped is under fourteen years of age, and for three upto five years if the woman is fourteen or above fourteen years of age.

No. 4 : One who knowingly accompanies the one who intends to commit rape, and who grabs the woman or helps in the act should be punished upto one year each. As for the case of a girl under fourteen years of age, he will be punished doubly.

No. 5 : The one who has made an attempt to rape but has not committed rape will get punished equal to half of the one's who has committed it.

No. 6 : If someone has instigated someone else to commit rape, the one who has instigated to perform the act will, in the case of rape having committed, get punishment equal to half of the rapist's, and in the case of attempted but not actually committed rape, he will get equal to half of the attempt maker's punishment.

No. 7: If someone has a sexual intercourse with a prostitution without her consent, the one who commits it will either be fined an amount of Rs. five hundred or imprisoned upto one year.

* Amended by the sixth amendment.


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