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A man forces an adult woman to the ground, removes her underwear and tries to penetrate her vagina with…

Forcibly removing clothing and trying to penetrate without consent are direct steps toward the offence in Sections 63 and 64. Because no penetration occurred, Section 62…

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A man forces an adult woman to the ground, removes her underwear and tries to penetrate her vagina with his penis without her consent. She escapes before any penetration occurs. Which option most specifically identifies his conduct toward committing rape under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer C

Forcibly removing clothing and trying to penetrate without consent are direct steps toward the offence in Sections 63 and 64. Because no penetration occurred, Section 62 provides the attempted-rape characterization. The use of criminal force may independently be relevant to Section 74.

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Option A

The direct effort to penetrate goes beyond preparations and satisfies the act-toward-commission requirement of Section 62.

Option B

Criminal force may be relevant under Section 74. The direct attempt to penetrate supports the more specific attempted-rape characterization sought.

Option C

The intent to commit non-consensual penetration and a direct act toward it satisfy Section 62 read with Sections 63 and 64.

Option D

The stipulated absence of penetration precludes completion on these facts. Section 63 does not require full penetration for completion, but there was no penetration at all here.

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