Sexual Offences and Abortion — MCQs

Sexual Offences and Abortion Indian Medical PG Practice Questions and MCQs

Question 251: Sex with cadaver is called -

A. Voyeurism
B. Exhibitionism
C. Necrophilia (Correct Answer)
D. Undinism

Explanation: ***Necrophilia*** - **Necrophilia** is a paraphilia characterized by sexual attraction to or sexual acts with corpses. - It is classified as an extremely rare and severe mental disorder, often associated with a history of sexual abuse or profound psychological disturbances. *Voyeurism* - **Voyeurism** involves obtaining sexual gratification from secretly observing unsuspecting individuals undressing, naked, or engaging in sexual acts. - It does not involve direct sexual contact or interaction, especially not with cadavers. *Exhibitionism* - **Exhibitionism** is a paraphilia characterized by the recurrent powerful urge or fantasies of, and sexual arousal from, exposing one's genitals to an unsuspecting stranger. - The primary goal is usually to shock or distress the observer, not to engage in sexual acts with a deceased person. *Undinism* - **Undinism** is an outdated term, sometimes used to refer to a fetish or paraphilia involving urine (urophilia). - It is not related to sexual attraction or activity with cadavers.

Question 252: Rape, even after consent is considered when age of woman is:

A. < 16yr
B. <18 yr (Correct Answer)
C. <21 yr
D. <17 yr

Explanation: ***Correct: <18 yr*** - In India, under the **POCSO Act (Protection of Children from Sexual Offences Act, 2012)** and **Section 375 of IPC (amended 2013)**, the **age of consent** for sexual activity is **18 years**. - Any sexual act with an individual below this age, even if they appear to consent, is legally considered **statutory rape** or **sexual assault of a minor**. - This is a fundamental medicolegal principle tested in forensic medicine. *Incorrect: < 16yr* - While 16 is the age of consent in some countries, it is **not the standard in India**. - In India where the age of consent is 18, sexual activity with someone aged 16 would still be considered **statutory rape**. - This age may cause confusion for students familiar with international standards. *Incorrect: <21 yr* - An age of consent of 21 years is **uncommon globally** and is not the legally recognized age in India. - Individuals aged 18 and above are considered adults capable of giving **legal consent** for sexual activity. - The age of 21 is relevant for marriage under certain laws but not for consent to sexual activity. *Incorrect: <17 yr* - Similar to 16 years, 17 is below the standard age of consent (18 years) in Indian legal system. - Sexual activity with a 17-year-old would be considered **statutory rape** as they are below 18 years. - This is a distractor option testing precise knowledge of the legal age threshold.

Question 253: Death caused by act done with intent to cause miscarriage is punishable by

A. 312 IPC
B. 316 IPC
C. 314 IPC (Correct Answer)
D. 309 IPC

Explanation: ***314 IPC*** - **Section 314 of the Indian Penal Code (IPC)** specifically deals with the punishment for an act done with intent to cause miscarriage which results in the death of the woman. - If the act is done without the woman's consent, the punishment can be for life imprisonment or up to ten years, along with a fine. If done with consent, the punishment is up to ten years imprisonment and a fine. *312 IPC* - **Section 312 IPC** deals with causing miscarriage generally, without necessarily resulting in the death of the woman. - The punishment under this section is less severe, up to three years imprisonment and a fine if the woman is not quick with child, and up to seven years and a fine if she is quick with child. *316 IPC* - **Section 316 IPC** addresses causing the death of an unborn child when the intention was to prevent the child from being born alive. - This section applies when the child dies before or during birth but the mother survives, which is not the scenario described in the question where the mother's death is the outcome. *309 IPC* - **Section 309 IPC** pertains to the attempt to commit suicide. - This section is completely unrelated to the act of causing miscarriage or death arising from such an act.

Question 254: Under which section of the BNS is the punishment for voluntarily causing criminal abortion primarily covered?

A. 89
B. 90
C. 91
D. 88 (Correct Answer)

Explanation: ***Correct Option: 88*** - Section 88 of the Bharatiya Nyaya Sanhita (BNS) specifically deals with the **offense of voluntarily causing miscarriage**, outlining the conditions and punishments associated with it. - This section covers the core legal framework for prosecution in cases of **criminal abortion**. - It is the primary provision under which punishment for voluntarily causing abortion is covered. *Incorrect Option: 89* - Section 89 of the BNS deals with causing miscarriage **without the woman's consent**, which is a more severe form of the offense. - While related to abortion, this section addresses a specific aggravated circumstance rather than the general act of voluntarily causing miscarriage. *Incorrect Option: 90* - Section 90 of the BNS addresses the **death of an unborn child** caused by an act amounting to culpable homicide, which is a different offense altogether. - This section focuses on homicide of an unborn child, not primarily the act of voluntarily causing a miscarriage. *Incorrect Option: 91* - Section 91 of the BNS deals with acts done with intent to prevent a child from being born alive or to cause it to die after birth. - This section focuses on offenses related to the **life of a child around birth**, distinct from the act of causing a miscarriage.

Question 255: A doctor conducts criminal abortion for a woman with consent. He will be prosecuted under which of the following IPC sections?

A. 316 IPC
B. 313 IPC
C. 312 IPC (Correct Answer)
D. 317 IPC

Explanation: ***312 IPC*** - This section of the **Indian Penal Code (IPC)** specifically deals with **causing miscarriage** or criminal abortion. - Doing so with the woman's consent, but outside of legal provisions, falls under this section. *316 IPC* - This section deals with **causing the death of a quick unborn child**, an act amounting to culpable homicide. - It would apply if the act intended to cause the death of the child, not just to induce an abortion. *313 IPC* - This section addresses **causing miscarriage without the woman's consent**. - Since the question states the abortion was done "with consent," this section is not applicable. *317 IPC* - This section pertains to the **exposure and abandonment of a child** under twelve years of age by parent or person having care of it. - This is unrelated to the act of performing an abortion.

Question 256: Incest is defined as sexual intercourse between which individuals?

A. Closely related individuals (Correct Answer)
B. Individuals other than spouse
C. Humans and animals
D. Unrelated individuals of same gender

Explanation: ***Closely related individuals*** - **Incest** refers to sexual intercourse between individuals who are considered too **closely related** by lineage or kinship to marry each other legally. - The definition of "closely related" varies across cultures and legal systems but generally includes **immediate family members** such as parents, children, and siblings. *Individuals other than spouse* - This definition describes **adultery** or **extramarital affairs**, which are distinct from incest. - While both involve sexual acts outside of legally or socially accepted norms, they differ significantly in the relationship between the involved parties. *Humans and animals* - This describes **bestiality** or **zoophilia**, which is a form of sexual activity involving humans and animals. - This is a separate and distinct concept from incest, which specifically concerns sexual relations between humans within a prohibited degree of kinship. *Unrelated individuals of same gender* - This describes **homosexual** sexual acts between adults, which are not inherently illegal or considered incestuous. - Incest is defined specifically by the **familial relationship** between the individuals, not their gender or lack of marital ties.

Question 257: Legal age of consent is -

A. 18 Years (Correct Answer)
B. 14 Years
C. 16 Years
D. 10 Years

Explanation: ***18 Years*** - The legal age of consent in most jurisdictions, including India, is **18 years**. This means an individual must be at least 18 years old to legally consent to sexual activity. - This age is established to protect individuals from exploitation and ensure they have the maturity to make informed decisions regarding their sexual health and safety. *14 Years* - While some countries or historical laws might have set the age of consent at **14 years**, this is generally not the prevailing standard in modern legal systems, especially regarding comprehensive protection of minors. - This age is considered too young by many legal frameworks to ensure adequate understanding and mature consent in sexual matters. *16 Years* - Some jurisdictions may specify a legal age of consent of **16 years**, often with specific conditions or exceptions (e.g., "Romeo and Juliet laws" where partners are close in age). - However, for general application in India and many international contexts, **18 years** is the more common and protective standard. *10 Years* - An age of consent of **10 years** is universally considered unacceptably low and would constitute child sexual abuse in virtually all legal systems. - No developed legal framework recognizes a 10-year-old as capable of providing legal consent to sexual activity.

Question 258: In cases of alleged sexual assault, which type of sexual contact typically provides the most significant physical evidence for forensic examination?

A. Tribadism
B. Buccal coitus
C. Lesbianism
D. Anal intercourse (Correct Answer)

Explanation: ***Anal intercourse*** - Among various forms of sexual assault, **anal intercourse** often leads to more severe and identifiable physical trauma due to the anatomical differences and fragility of the anal canal compared to the vagina. - Evidence of anal penetration or injury, such as **tears, fissures, bruising, or sphincter damage**, can be crucial in corroborating an allegation of sexual assault and provides significant forensic evidence. - The **anal canal is less distensible** than the vagina and lacks natural lubrication, making injury more likely and more easily documentable. *Tribadism* - This refers to **non-penetrative vulva-to-vulva sexual contact** between women. - While it is a form of sexual activity, it does not involve penetration and typically does not cause the severe physical injury often sought in forensic examinations for sexual assault. - Physical evidence collection is more challenging due to the non-penetrative nature. *Buccal coitus* - This term, also known as **oral sex**, involves oral contact with the genitals. - While evidence can be collected through oral swabs for DNA and seminal fluid, it generally causes less significant visible physical trauma compared to penetrative acts involving more fragile tissues. - Physical injuries to the oral cavity are less common unless force was used. *Lesbianism* - This term describes **homosexual sexual or romantic attraction between women** and is a sexual orientation, not a type of sexual act or specific form of sexual contact. - Sexual assault can occur regardless of the victim's or assailant's sexual orientation. - This is not a relevant option in the context of examining physical evidence from specific types of sexual contact.

Question 259: Features suggestive of previous sexual intercourse in forensic examination include:

A. Crescentic fourchette
B. Fleshy and elastic labia majora
C. Cutaneous labia minora
D. All of the options (Correct Answer)

Explanation: ***All of the options*** - Traditional forensic medicine described **crescentic fourchette**, **fleshy and elastic labia majora**, and **cutaneous labia minora** as features that may suggest previous sexual activity. - **Important Note**: Modern forensic medicine recognizes these signs have significant individual variation and are NOT reliable definitive indicators of sexual history. They should be interpreted with caution in medico-legal contexts. *Crescentic fourchette* - The posterior fourchette changes from an **angular shape** (in nulliparous women) to a **crescentic (curved) shape** after repeated coitus. - However, this can vary significantly among individuals and is not a definitive indicator. *Fleshy and elastic labia majora* - **Labia majora** may become more fleshy, elastic, and lax with repeated sexual activity. - This appearance can also result from hormonal changes, age, childbirth, and individual anatomical variation. *Cutaneous labia minora* - **Labia minora** may change from a moist mucous membrane appearance to a more **cutaneous (skin-like)** texture. - This can occur due to hormonal changes, chronic irritation, or repeated friction, not exclusively from sexual intercourse.

Question 260: Which section of the Indian Penal Code (IPC) defines rape?

A. 375 IPC (Correct Answer)
B. 376 IPC
C. 304B IPC
D. 302 IPC

Explanation: ***375 IPC*** - **Section 375 of the Indian Penal Code (IPC)** specifically defines the act of **rape**, outlining the circumstances under which sexual intercourse is considered illegal and non-consensual. - This section details various situations constituting rape, including acts committed against a woman's will, without her consent, or when consent is obtained through fear, fraud, or when she is under the age of majority. *376 IPC* - **Section 376 of the IPC** specifies the **punishment for rape**, detailing the various penalties depending on the nature and severity of the offense. - It does not define rape itself but rather prescribes the sentences that can be awarded to convicted offenders. *304B IPC* - **Section 304B of the IPC** deals with **dowry death**, which is a separate offense related to the death of a woman caused by burns or bodily injury, or occurring otherwise than under normal circumstances, within seven years of her marriage, due to dowry demand. - This section is entirely distinct from sexual offenses and focuses on marriage-related violence. *302 IPC* - **Section 302 of the IPC** pertains to the **punishment for murder**, laying down the penalties for intentionally causing the death of another person. - This section is focused on homicide and has no direct relevance to the definition or punishment of rape.

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

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