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Forensic Medicine · Sexual offences and forensic psychiatry: oral penetration
Sample itemA man forcibly inserts his penis into the mouth of a woman against her will. Under the definition of rape in the Bharatiya Nyaya Sanhita, how is this act classified?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
C. As rape, since penetration of the mouth is included in the definition
The definition widened in 2013 covers penetration of the vagina, mouth, urethra or anus by the penis, and insertion of objects or other body parts into the vagina, urethra or anus. Forced oral penetration by the penis is therefore rape.
Option by option
A. As sexual harassment only, a lesser offence
Sexual harassment is a lesser offence and does not cover penetrative acts.
B. As voluntarily causing hurt, since no genital contact occurred
Hurt may be added, but the act itself is rape.
C. As rape, since penetration of the mouth is included in the definition (correct)
Correct. The definition includes penetration of the mouth by the penis.
D. As outraging modesty only, since the mouth is not a genital passage
The mouth is expressly included, so the act is not merely outraging modesty.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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