Attempt to rape is not a crime: SC

NEW DELHI: The Supreme Court has held that unlike the charge of attempt to murder, the Indian Penal Code does not recognise the charge of attempt to rape. Rape is said to have been committed only if a man inserts his sexual organ into the victim. Any other act only qualifies for the offence of outraging a woman or childs modesty. Highlighting this difference, the Supreme Court has said that a man who is caught preparing to rape a woman cannot be charged under section 376 of the IPC, which provides for a minimum punishment of seven years in prison. He also cannot be charged with attempted rape under section 511 of IPC, which deals with attempts to commit offences, like murder, that carry a minimum penalty of life in prison. Converting the charge against Tarkeshwar Sahu, a Jharkhand resident, from rape to outraging the modesty of a 12-year-old girl, Justice SB Sinha and Justice Dalveer Bhandari held him guilty of kidnapping her and violating her modesty.

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