Sexual Offences and Abortion — MCQs

Sexual Offences and Abortion Indian Medical PG Practice Questions and MCQs

Question 241: Which of the following is false about Rape

A. It is considered as rape even if the act is done with consent of female, if she is less than 18 years old
B. Complete vaginal penetration is necessary to call it rape (Correct Answer)
C. It is punished under 376 IPC
D. It is defined under 375 IPC

Explanation: ***Complete vaginal penetration is necessary to call it rape*** - This statement is **false**. Under Indian law (IPC Section 375), **penetration by the penis to any extent** into the vagina, mouth, urethra, or anus, or any other part of a woman, or causing a woman to do so to herself or another, constitutes rape. - Complete vaginal penetration is **not a prerequisite** for the act to be legally classified as rape; even partial penetration is sufficient. *It is considered as rape even if the act is done with consent of female, if she is less than 18 years old* - This statement is **true**. Under IPC Section 375, if a female is **under 18 years of age**, her consent is legally **irrelevant and void** in cases of sexual intercourse. - Any sexual act with a minor under the age of 18, even with her apparent consent, is considered statutory rape. *It is punished under 376 IPC* - This statement is **true**. **Section 376 of the Indian Penal Code (IPC)** specifically deals with the **punishment for rape**. - It outlines various degrees of punishment depending on the circumstances, such as gang rape, rape by a person in authority, or rape of a minor. *It is defined under 375 IPC* - This statement is **true**. **Section 375 of the Indian Penal Code (IPC)** provides the legal **definition of rape**. - It specifies the acts that constitute rape and the circumstances under which an act of sexual intercourse is considered against the woman's will or without her valid consent.

Question 242: Which of the following is true regarding voyeurism?

A. 1-3 years punishment
B. Non-bailable offence
C. Cognizable offence (Correct Answer)
D. Sec. 354-C IPC defines punishment

Explanation: ***Cognizable offence*** - Voyeurism under **Section 354C of the IPC** is classified as a **cognizable offence**, which is the most significant legal classification distinguishing it from other offenses - As a **cognizable offense**, police officers have the authority to **arrest without a warrant** and can start an investigation **without court permission** - This classification enables **immediate police action** to protect victims and gather evidence, reflecting the severity with which the law treats voyeurism - This is the **defining characteristic** that determines how law enforcement can respond to voyeurism cases *1-3 years punishment* - While this is **factually correct** (Section 354C prescribes imprisonment of 1-3 years for first conviction), this is a **consequence** rather than a defining legal classification - Subsequent convictions face harsher penalties (3-7 years) - The punishment range is important but secondary to the cognizable nature of the offense *Non-bailable offence* - This is **incorrect** - voyeurism under Section 354C is a **bailable offense** - Being bailable means the accused can be released on bail as a matter of right - This contrasts with non-bailable offenses where bail is at the court's discretion *Sec. 354-C IPC defines punishment* - While **technically true** (Section 354C both defines voyeurism and prescribes punishment), this statement is incomplete - Section 354C primarily **defines and criminalizes** the act of voyeurism (capturing/observing private acts without consent) - The section's main purpose is to define the offense; punishment is one component - The more complete answer focuses on the **cognizable nature** which affects enforcement

Question 243: Which of the following is NOT true regarding Voyeurism?

A. Section 354C, IPC defines punishment
B. Cognizable offence
C. For repeat offence, imprisonment may extend to 5-10 years (Correct Answer)
D. For first offence, imprisonment of 1-3 years with fine

Explanation: ***For repeat offence, imprisonment may extend to 5-10 years*** - Section 354C of the Indian Penal Code (IPC) specifies punishment for **voyeurism**. For a **second or subsequent conviction**, the imprisonment can extend from **three years to seven years**, and shall also be liable to fine. - Therefore, the statement implying a range of 5-10 years for repeat offense is incorrect as per the current legal framework. *Section 354C, IPC defines punishment* - **Section 354C of the Indian Penal Code** specifically addresses and defines the offense of **voyeurism** in India. - This section outlines the acts that constitute voyeurism and the corresponding penalties. *Cognizable offence* - Voyeurism, as defined under Section 354C of the IPC, is classified as a **cognizable offence**. - This means that a police officer can **arrest the accused without a warrant** and can start an investigation without the permission of the court. *For first offence, imprisonment of 1-3 years with fine* - For the **first conviction** of voyeurism under Section 354C, IPC, the punishment is imprisonment for a term which shall not be less than **one year but which may extend to three years**, and shall also be liable to fine. - This aligns with the provided statement regarding the penalty for a first-time offense.

Question 244: Which of the following findings would be most significant in establishing rape in the given scenarios?

A. Ruptured hymen in a girl aged 20 years
B. Presence of semen in the posterior fornix in a married girl age 16 years
C. Presence of semen in the posterior fornix in a girl age 14 years (Correct Answer)
D. Presence of semen in the posterior fornix in a girl age 20 years

Explanation: ***Presence of semen in the posterior fornix in a girl age 14 years*** - This is the most significant finding as it indicates **sexual intercourse** in a person below the **age of consent (18 years in India)**, which constitutes **statutory rape** under POCSO Act. - A 14-year-old girl is legally incapable of consenting to sexual activity, making any sexual contact with her a criminal offense regardless of consent. - The presence of semen is direct physical evidence of penetrative sexual assault. *Ruptured hymen in a girl aged 20 years* - A **ruptured hymen** can occur due to various reasons other than sexual intercourse, such as physical activity, tampon use, or medical procedures. - A 20-year-old woman is a **legal adult** capable of consent, so a ruptured hymen alone does not establish **non-consensual sexual activity or rape**. - Hymenal status is not definitive proof of sexual intercourse. *Presence of semen in the posterior fornix in a married girl age 16 years* - While 16 is below the age of consent (18 years) in India, this involves the complex legal context of **marital relationship**. - The presence of semen in a married individual may be consistent with **consensual marital intercourse**, though legally she remains a minor. - This does not constitute the most significant evidence of **rape** in the forensic context due to the marital relationship aspect. *Presence of semen in the posterior fornix in a girl age 20 years* - A 20-year-old woman is a **legal adult** presumed capable of giving consent. - The mere presence of semen without other signs of trauma, injury, or evidence of lack of consent does not establish **rape** in an adult. - Additional evidence of force, threat, or lack of consent would be required to establish rape in an adult.

Question 245: Which of the following is the MOST reliable indicator of sexual abuse:

A. Venereal disease of genitals in a child under 15 years
B. Any of the above
C. Evasiveness of a pregnant girl to name her partner
D. Tearing, bruising or specific inflammation of mouth, anus or genitals (Correct Answer)

Explanation: ***Tearing, bruising or specific inflammation of mouth, anus or genitals*** - **Physical injuries** like tearing, bruising, or inflammation in sensitive areas such as the mouth, anus, or genitals are **direct and strong indicators** of sexual abuse, as these areas are commonly involved in such acts. - These findings, especially if unexplained or inconsistent with reported accidental injury, are often considered the **most definitive evidence** in forensic evaluations for sexual abuse. *Venereal disease of genitals in a child under 15 years* - While the presence of a **sexually transmitted infection (STI)** in a child strongly suggests sexual contact, it is not always a direct indicator of non-consensual abuse. - **Other routes of transmission**, though less common, such as perinatal transmission from mother to child or accidental transmission through fomites, would need to be ruled out before concluding abuse. *Evasiveness of a pregnant girl to name her partner* - **Evasiveness** can be a sign of many issues, including fear, shame, or a desire to protect someone, but it is **not a direct physical or medical indicator** of sexual abuse. - While it warrants further investigation and concern for potential abuse, it does not provide the same concrete evidence as physical trauma. *Any of the above* - This option is incorrect because while all listed scenarios raise concerns and require investigation for potential abuse, **physical evidence of injury** is generally considered the **most reliable and direct indicator** for confirming sexual abuse.

Question 246: What is the minimum age at which a female can give consent for sex in India?

A. 18 yrs (Correct Answer)
B. 16 yrs
C. 15 yrs
D. 21 yrs

Explanation: ***18 yrs*** - Under **Section 375** of the Indian Penal Code, consensual sexual activity with a person below the age of **18 years** is considered **rape**, regardless of consent. - The **Protection of Children from Sexual Offences (POCSO) Act, 2012**, also defines a child as any person below 18 years of age, making sexual activity with a minor illegal. - This is the **current legal age of consent** in India for sexual activity. *16 yrs* - While some countries use 16 as the age of consent, in India, the legal age for sexual consent is **18 years**. - Any sexual act with a person aged 16 or 17 is still considered a criminal offense under Indian law. *15 yrs* - This age is significantly below the legal age of consent in India and would be categorized as **child sexual abuse**, subject to severe penalties under POCSO and IPC. - Historically, before the 2013 amendment, the age was 16 years, but currently **only 18 years** is the legal age of consent. *21 yrs* - While 21 is the legal age for **alcohol consumption** in some states and **marriage for males** (recently changed to 21), it is not the age of consent for sexual activity. - The legal age for marriage for females is **18 years**, which aligns with the sexual consent age.

Question 247: Which test produces characteristic crystals for the detection of semen?

A. Acid phosphatase test
B. Florence test
C. Barberio's test (Correct Answer)
D. PSA test

Explanation: ***Barberio's test*** - This test is specifically used for the **microscopic detection of seminal fluid** by producing **characteristic spermine picrate crystals**. - It involves the addition of a **saturated picric acid solution** to a semen stain extract, leading to the formation of distinct **yellow, needle-like crystals** that are diagnostic. - It is a **confirmatory microscopic crystal test** that provides visual evidence of semen presence. *Acid phosphatase test* - This is a **presumptive test for semen** that relies on the detection of high levels of acid phosphatase, an enzyme found in seminal fluid. - While it indicates the *possible* presence of semen, it is **not confirmatory** as acid phosphatase can be found in other bodily fluids and vegetable matter. - Does **not produce crystals** for identification. *Florence test* - The Florence test is a **presumptive crystal test** that detects choline in semen, forming dark brown, rhombic crystals of choline periodide. - However, it is **not specific for semen** because choline can be found in other biological materials and vaginal secretions. - Less reliable than Barberio's test for semen confirmation. *PSA test* - The **prostate-specific antigen (PSA) test** is a highly specific **immunological confirmatory test** for human semen. - It detects the glycoprotein PSA (P30) produced by the prostate gland. - However, it does **not produce crystals** and uses different methodology (immunochromatography/ELISA).

Question 248: In forensic examination of living persons, consider the following statements: 1) Motile sperms are usually seen up to 6 hours 2) Complete sperms are seen up to 26 hours Which of the following is correct?

A. 1 is true, 2 is false
B. 2 is true, 1 is false (Correct Answer)
C. Both are false
D. Both are true

Explanation: ***2 is true, 1 is false*** - Statement 1 is **false**: **Motile sperms** in the vagina of living persons are typically observed for only **2-3 hours** post-coitus, occasionally up to 4-6 hours in optimal conditions, but 6 hours is not the "usual" duration. - Statement 2 is **true**: **Complete/intact spermatozoa** can be identified in the vagina for up to **24-30 hours** (sometimes up to 3 days), making **26 hours** an accurate timeframe for forensic examination. *1 is true, 2 is false* - Motile sperms are typically viable for only 2-3 hours in the vagina, not usually 6 hours, making statement 1 false. - Complete sperms persisting up to 26 hours is well-documented in forensic literature, making statement 2 true. *Both are false* - Statement 2 is true as complete spermatozoa can be identified for 24-30 hours post-coitus. - While statement 1 is questionable/false, this option incorrectly states both are false. *Both are true* - Statement 1 is false as motile sperms are usually seen for only 2-3 hours, not routinely up to 6 hours. - Although statement 2 is true, the falsehood of statement 1 makes this option incorrect.

Question 249: Under current Indian law, unnatural sexual offences are primarily punished under

A. 376 B IPC/64(2) BNS
B. 377 IPC/69 BNS (Correct Answer)
C. 375 A IPC/64 BNS
D. 376 A IPC/64(2) BNS

Explanation: ***377 IPC/69 BNS*** - Section **377 of the Indian Penal Code** (IPC) historically dealt with \"unnatural offences,\" which included anal sex, oral sex, and bestiality, as well as consensual homosexual acts. - While the Supreme Court of India decriminalized consensual homosexual acts in 2018 (Navtej Singh Johar v. Union of India), Section 377 IPC (and now **Section 69 of the Bharatiya Nyaya Sanhita (BNS)**) still applies to non-consensual acts of bestiality and other non-consensual sexual acts considered \"unnatural\". *376 B IPC/64(2) BNS* - Section **376B IPC** (now **64(2) BNS**) deals with sexual intercourse by a husband with his wife during separation without her consent but does not address unnatural sexual offenses. - This section specifically relates to marital sexual violence under particular circumstances, not the broader category of \"unnatural sexual offenses.\" *375 A IPC/64 BNS* - Section **375A does not exist in the IPC**; Section 375 IPC (now **Section 64 BNS**) defines rape and its various forms. - This is not the primary provision for dealing with \"unnatural sexual offences\" in the Indian legal framework. *376 A IPC/64(2) BNS* - Section **376A IPC** (now **64(2) BNS**) deals with causing death or resulting in a persistent vegetative state to a victim of rape and does not apply to \"unnatural sexual offences.\" - This provision focuses on the severe consequences of sexual assault rather than the specific nature of the sexual act as \"unnatural.\"

Question 250: An accused in a case of sodomy is brought for Medical Examination. On detailed questioning he reveals that he is an active agent and is a regular participant. Which of the following will not be seen during examination of the accused:

A. Tear of Frenulum
B. Foecal smell
C. Presence of smegma (Correct Answer)
D. Relative Constriction of shaft of penis

Explanation: ***Presence of smegma*** - **Smegma** is a natural accumulation of dead skin cells, oils, and moisture under the **foreskin**. Its presence or absence is not related to the act of sodomy. - Regular hygiene practices, not sexual activity, determine the presence of smegma. *Tear of Frenulum* - The **frenulum** is a small fold of tissue under the glans of the penis. It can be torn during forceful or unusual sexual activity, including sodomy, especially if there is insufficient lubrication. - A tear indicates potential **trauma** from the act. *Foecal smell* - **Foecal smell** may be present on the penis due to contact with traces of feces during anal intercourse. - This is a direct consequence of the act of sodomy. *Relative Constriction of shaft of penis* - Repeated anal intercourse, especially with insufficient lubrication or in partners with a tighter anal sphincter, can lead to **scarring** or **fibrosis** in the shaft of the penis. - This can manifest as a **relative constriction** in some areas over time due to repeated microtrauma.

Practice by Chapter

Sexual Assault Examination

Practice Questions

Rape Investigation

Practice Questions

Child Sexual Abuse

Practice Questions

Collection of Biological Evidence

Practice Questions

DNA Testing in Sexual Offences

Practice Questions

False Allegations

Practice Questions

Medical Termination of Pregnancy

Practice Questions

Criminal Abortion

Practice Questions

Complications of Abortion

Practice Questions

Sexual Perversions

Practice Questions

Legal Aspects of Sexual Offences

Practice Questions

Victim Support and Rehabilitation

Practice Questions

Want unlimited practice?

Get full access to all questions, explanations, and performance tracking.

Start For Free