[1][294A. Keeping
lottery office Whoever keeps any office or place for
the purpose of drawing any lottery [2][not being [3][a State lottery] or
a lottery authorised by the [4][State] Government],
shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both. And whoever publishes any proposal to
pay any sum, or to deliver any goods, or to do or forbear doing anything for
the benefit of any person, on any event or contingency relative or applicable
to the drawing of any ticket, lot, number or figure in any such lottery, shall
be punished with fine which may extend to one thousand rupees.] STATE AMENDMENTS [5]State of Manipur.- Section 294A is repealed. Whoever takes or entices any minor
under [6][sixteen] years of
age if a male, or under [7][eighteen] years of
age if a female, or any person of unsound mind, out of the keeping of the
lawful guardian of such minor or person of unsound mind, without the consent of
such guardian, is said to kidnap such minor or person from lawful guardianship. Explanation.-The words "lawful
guardian" in this section include any person lawfully entrusted with the
care of custody of such minor or other person. Exception.-This section does not extend
to the act of any person who in good faith believes himself to be the father of
an illegitimate child, or who in good faith believes himself to be entitled to
lawful custody of such child, unless such act is committed for an immoral or
unlawful purpose. STATE AMENDMENTS [8][Manipur] in section 361 for the words
'eighteen" substitute the word 'fifteen'. [9][375. Rape. A man is said to commit
"rape" if he- (a) penetrates his penis,
to any extent, into the vagina, mouth, urethra or anus of a woman or makes her
to do so with him or any other person; or (b) inserts, to any
extent, any object or a part of the body, not being the penis, into the vagina,
the urethra or anus of a woman or makes her to do so with him or any other
person; or (c) manipulates any part
of the body of a woman so as to cause penetration into the vagina, urethra,
anus or any part of body of such woman or makes her to do so with him or any
other person; or (d) applies his mouth to
the vagina, anus, urethra of a woman or makes her to do so with him or any
other person, under the circumstances falling under any of the following seven
descriptions. First.- Against her will. Secondly.- Without her consent. Thirdly.- With her consent, when her
consent has been obtained by putting her or any person in whom she is
interested, in fear of death or of hurt, Fourthly.- With her consent, when the
man knows that he is not her husband and that her consent is given because she
believes that he is another man to whom she is or believes herself to be
lawfully married. Fifthly.- With her consent when, at the
time of giving such consent, by reason of unsoundness of mind or intoxication
or the administration by him personally or through another of any stupefying or
unwholesome substance, she is unable to understand the nature and consequences
of that to which she gives consent. Sixthly.- With or without her consent,
when she is under eighteen years of age. Seventhly.- When she is unable to
communicate consent. Explanation 1.- For the purposes of
this section, "vagina" shall also include labia majora. Explanation 2.- Consent means an
unequivocal voluntary agreement when the woman by words, gestures or any form
of verbal or non-verbal communication, communicates willingness to participate
in the specific sexual act: Provided that a woman who does not
physically resist to the act of penetration shall not by the reason only of
that fact, be regarded as consenting to the sexual activity. Exception 1.- A medical procedure or
intervention shall not constitute rape. Exception 2.- Sexual intercourse or
sexual acts by a man with his own wife, the wife not being under fifteen years
of age, is not rape.] STATE AMENDMENT [10][Manipur.- (a) in clause sixthly,
for the word "sixteen" substitute the word "fourteen"; and (b) in the Exception, for
the word "fifteen" substitute the word "thirteen". "[11][375. Rape.- A
man is said to commit "rape" who, except in the case hereinafter
excepted, has sexual intercourse with a woman under circumstances falling under
any of the six following descriptions. First.-Against her will. Secondly.-Without her consent. Thirdly.- With her consent, when her
consent has been obtained by pulling her or any person in whom she is
interested in fear of death or of hurt. Fourthly.- With her consent, when the
man knows that he is not her husband, and that her consent is given because she
believes that he is another man to whom she is or believes herself to be
lawfully married. Fifthly.- With her consent, when, at
the time of giving such consent, by reason of unsoundness of mind or
intoxication or the administration by him personally or through another of any
stupefying or unwholesome substance, she is unable to understand the nature and
consequences of that to which she gives consent. Sixthly.- With or without her consent,
when she is under sixteen years of age. Explanation.- Penetration is sufficient
to constitute the sexual intercourse necessary to the offence of rape. Exception.- Sexual intercourse by a man
with his own wife, the wife not being under fifteen years of age, is not
rape.]" [1]
Inserted by Act 27 of 1870, section 10. [2]
Substituted by the A.O. 1937, for "not authorised by Government". [3]
Substituted by Act 3 of 1951, Section 3 and Schedule, for "a lottery
organized by the Central Government or the Government of a Part A State or a
Part B State". [4]
Substituted by the A.O. 1950, for "Provincial". [5]
[Vide Manipur Act 2 of 1992, sec. 30 (w.e.f. 6-8-1992)]. [6] Substituted by Act 42 of
1949, Section 2, for "fourteen". [7] Substituted by Act 42 of
1949, Section 2, for "sixteen". [8] Vide Manipur Act 30 of 1950,
section 3 (w.e.f. 16-4-1950), read with Act 81 of 1971, section 3 (w.e.f.
25-1-1972). [9] Substituted by the Criminal Law
(Amendment) Act, 2013 (Act No. 13 of 2013) w.e.f. 03.02.2013 for the
following : - [10] Vide Act 30 of 1950, section 3 (w.e.f.
16-4-1950) (made earlier than Act 43 of 1983). [11] Substituted by Act 43 of 1983,
section 3, for sections 375 and 376 (w.e.f. 25-12-1983).INDIAN PENAL CODE, 1860 (MANIPUR AMENDMENT)