Sexual Offences and Abortion — MCQs

Sexual Offences and Abortion Indian Medical PG Practice Questions and MCQs

Question 261: Statutory rape is considered when sexual activity occurs with a person below the age of:

A. 18 years (Correct Answer)
B. 16 years
C. 22 years
D. 20 years

Explanation: ***18 years*** - Under **Section 375 of the Indian Penal Code (IPC)**, as amended in 2013, sexual intercourse with a woman below **18 years of age** constitutes **statutory rape**, regardless of consent. - The **Protection of Children from Sexual Offences (POCSO) Act, 2012** further protects all children below **18 years** from sexual offences. - This age threshold recognizes that minors below 18 years lack the legal capacity to provide valid consent for sexual activity. - The law aims to protect minors from sexual exploitation and abuse. *16 years* - This was the age of consent under older provisions in some contexts, but **not the current legal standard in India**. - After the **2013 Criminal Law Amendment Act**, the age was uniformly raised to **18 years** for statutory rape. - Using 16 years as the threshold would be legally incorrect under current Indian law. *22 years* - There is no provision in **Indian law** that defines statutory rape for persons below **22 years**. - The age of majority in India is **18 years**, and persons above this age are considered capable of giving consent. - This option has no medicolegal relevance. *20 years* - Similar to 22 years, there is no legal basis for **20 years** as the age threshold for statutory rape. - **Indian Penal Code Section 375** clearly specifies **18 years** as the age below which consent is immaterial. - This option is legally incorrect.

Question 262: Which of the following stains is used for detecting vaginal epithelial cells in forensic examination of rape cases?

A. Phenolphthalein
B. Methylene blue
C. Lugol's iodine
D. Toluidine blue (Correct Answer)

Explanation: ***Toluidine blue*** - **Toluidine blue** is used as a metachromatic stain to identify **vaginal epithelial cells** in forensic samples because these cells contain glycogen, which stains purple-pink. - This staining technique helps in the **forensic analysis of samples collected from the accused** (clothing, body swabs) to detect the presence of cells originating from the victim's vagina. - Toluidine blue can also be used on the **victim's genital area** to detect micro-lacerations and injuries (dye retention test). *Phenolphthalein* - **Phenolphthalein** (Kastle-Meyer test) is primarily used to detect the presence of **blood** by reacting with hemoglobin. - It is a presumptive test for blood and not used for the identification of vaginal epithelial cells. *Methylene blue* - **Methylene blue** is a basic dye used in various histological and cytological stains to highlight certain cellular components. - It primarily stains **nucleic acids** and acidic cellular components blue, and is not specific for glycogen-rich epithelial cells from the vagina. *Lugol's iodine* - **Lugol's iodine** stains **glycogen-rich cells** brown-mahogany, such as in the Schiller test for cervical abnormalities. - While vaginal epithelial cells are rich in glycogen and will stain with iodine, **toluidine blue provides better metachromatic staining** and is preferred for forensic identification of vaginal cells in rape case evidence.

Question 263: Abortion stick used in criminal abortion causes abortion by the mechanism of -

A. Uterine infection & necrosis
B. Placental separation
C. Uterine contraction (Correct Answer)
D. Stimulation of uterine nerves

Explanation: ***Uterine contraction*** * Abortion sticks are typically non-sterile instruments inserted into the uterus to physically disrupt the pregnancy, leading to reflexive **uterine contractions** to expel the contents. * The mechanical irritation or disruption of the uterine lining and cervix directly triggers the release of prostaglandins, which stimulate powerful **myometrial contractions**. *Uterine infection & necrosis* * While non-sterile abortion sticks frequently cause **uterine infection** and subsequent **necrosis** due to introduction of bacteria, these are complications rather than the primary mechanism by which the abortion itself is induced. * Infection and necrosis can worsen the outcome and contribute to fetal demise, but the initial abortion trigger is usually mechanical. *Placental separation* * Although placental separation is an outcome of an abortion, it is not the primary mechanism by which an abortion stick works. * The stick's purpose is to initiate the process leading to expulsion, rather than directly detaching the placenta in a controlled way. *Stimulation of uterine nerves* * While the uterus contains nerves, their direct stimulation by an abortion stick is not the primary mechanism for inducing abortion. * The abortion process relies more on mechanical disruption and prostaglandin-mediated contractions rather than nerve impulses directly leading to expulsion.

Question 264: A 28 year old victim of gang rape is brought to you for examination. Which of the following test would you NOT expect to be positive in a sample material obtained from the victim's vagina?

A. Gettler's test (Correct Answer)
B. Aluminium molybdate test
C. Acid phosphatase test
D. Barberio's test

Explanation: ***Gettler's test*** - **Gettler's test** is used to detect **hemoglobin derivatives**, specifically **carboxyhemoglobin** or **methemoglobin**, in blood or tissue samples, primarily for suspected carbon monoxide poisoning or specific types of poisoning. - This test is **not relevant** for the analysis of seminal fluid or vaginal swabs in cases of sexual assault. *Aluminium molybdate test* - The **aluminum molybdate test** is used to detect **choline** in seminal fluid, which is a component of semen. - A positive result suggests the presence of **ejaculated semen**, indicating recent sexual activity. *Acid phosphatase test* - The **acid phosphatase test** is a common forensic test used to detect the presence of **human prostatic acid phosphatase (PAP)**, an enzyme found in high concentrations in seminal fluid. - A positive reaction is a strong indicator of the presence of **semen** in a vaginal sample. *Barberio's test* - **Barberio's test** is a microscopic test used to detect **spermine picrate crystals**, which form when picric acid is added to seminal fluid. - This test is highly specific for the presence of **spermine**, a polyamine found in high concentrations in semen.

Question 265: Which section of the Indian Penal Code deals with sexual intercourse by a public servant with a woman in his custody?

A. 376A
B. 375A
C. 375B
D. 376B (Correct Answer)

Explanation: ***376B*** - This section specifically addresses **sexual intercourse by a public servant** with a woman who is in his **custody**, or in the custody of a public authority or institution subordinate to him. - It prescribes **rigorous imprisonment for a term of 5 to 10 years and fine** for such acts, recognizing the **power imbalance** and breach of trust involved when a public servant exploits their position. - The law recognizes that consent is vitiated when there is a position of authority and custody involved. *376A* - This section deals with **punishment for causing death or persistent vegetative state of the victim** during commission of rape or gang rape. - It prescribes **rigorous imprisonment for a term not less than 20 years** which may extend to life imprisonment or death penalty. - This is distinct from the custody-based offense in 376B. *375A* - There is **no such section** as 375A in the Indian Penal Code. - Section 375 defines rape and its circumstances, but it does not have a subsection 375A. *375B* - There is **no such section** as 375B in the Indian Penal Code. - Section 375 defines rape and its circumstances, but it does not have a subsection 375B.

Question 266: Examination of a person accused of rape by medical practitioner comes under

A. Sec 53A CrPC (Correct Answer)
B. Sec 54A CrPC
C. Sec 376 IPC
D. Sec 45 CrPC

Explanation: ***Sec 53A CrPC*** - This section specifically deals with the **examination of a person accused of rape** by a medical practitioner. - It mandates that a registered medical practitioner, at the request of a police officer not below the rank of sub-inspector, shall examine the accused. *Sec 54A CrPC* - This section pertains to the **identification of a person arrested**, typically through test identification parades, not medical examination for rape. - It ensures that the identity of the arrested person can be established by witnesses. *Sec 376 IPC* - This is an **offence-related section** of the Indian Penal Code (IPC) that defines the punishment for sexual assault (rape). It is not a procedural section regarding medical examination. - It outlines the various forms of sexual assault and their corresponding penalties. *Sec 45 CrPC* - This section grants **protection to members of the Armed Forces** from arrest for certain actions done in their official duty without government sanction. - It relates to the immunity from arrest for specific government officials, not medical examinations.

Question 267: Under the POCSO Act, 2012, which of the following does NOT qualify as aggravated penetrative sexual assault?

A. Assault by a police officer on duty
B. Assault during communal or sectarian violence
C. Assault committed by a group of persons (gang assault)
D. Assault committed by a child below 18 years of age (Correct Answer)

Explanation: ***Assault committed by a child below 18 years of age*** - The **POCSO Act, 2012**, defines **aggravated penetrative sexual assault** based on the **perpetrator's status** (e.g., in a position of trust or authority), **circumstances of the assault** (e.g., gang assault, during conflict), or **vulnerability of the victim**. - While an assault committed by a child is still a serious offense, the **age of the perpetrator** (if below 18) typically leads to different legal proceedings and juvenile justice provisions rather than classifying it as aggravated penetrative sexual assault under the specific criteria for aggravation in POCSO. *Assault by a police officer on duty* - This scenario triggers **aggravated penetrative sexual assault** because the perpetrator is a **person in a position of authority** or public servant, and the act is committed while on duty, exploiting their power. - The Act specifically lists such individuals as those whose actions constitute aggravation due to the **abuse of power and trust**. *Assault during communal or sectarian violence* - This situation constitutes **aggravated penetrative sexual assault** because the assault occurs in a context of **widespread societal disruption and violence**, often targeting specific groups. - The Act includes offenses committed during such conflicts as aggravated due to the severe impact on the victim and the community, often involving **multiple perpetrators** or extreme cruelty. *Assault committed by a group of persons (gang assault)* - A **gang assault** is explicitly defined as **aggravated penetrative sexual assault** under the POCSO Act. - The involvement of **multiple perpetrators** significantly increases the victim's trauma, fear, and vulnerability, making it an aggravated offense.

Question 268: Under Bharatiya Nyaya Sanhita 2023, Gang Rape is punished under

A. Section 71 BNS
B. Section 70 BNS (Correct Answer)
C. Section 65 BNS
D. Section 64 BNS

Explanation: ***Section 70 BNS*** - This section specifically addresses **gang rape** under the Bharatiya Nyaya Sanhita 2023, where **two or more persons** acting in common intention commit rape. - The punishment under this section is **rigorous imprisonment for life** or **death**, reflecting the severity of the offense involving multiple perpetrators. *Section 64 BNS* - This section deals with **sexual intercourse by public servant** with a woman in his custody, or by superintendent of jail/remand home with inmates. - It does not specifically cover the scenario of **gang rape** involving multiple perpetrators acting in common intention. *Section 71 BNS* - This section outlines the **punishment for repeat offenders** who have previously been convicted of rape under various sections of BNS 2023. - It focuses on **enhanced punishment for recurrent offenses** rather than defining the act of gang rape itself. *Section 65 BNS* - This section pertains to **punishment for rape causing death** or resulting in **persistent vegetative state** of the victim. - While it deals with severe outcomes of rape, it does not specifically address the involvement of **multiple perpetrators** in a gang rape scenario.

Question 269: Section 376AB I.P.C deals with:

A. Rape on a woman below 12 years (Correct Answer)
B. Gang rape on a woman below 12 years
C. Rape on a woman below 16 years
D. Gang rape on a woman below 16 years

Explanation: ***Rape on a woman below 12 years*** - Section 376AB of the Indian Penal Code (IPC) specifically addresses the offense of **sexual assault (rape)** where the victim is a female under the age of **12 years**. - This section was introduced to provide stricter penalties for offenses against very young children. *Gang rape on a woman below 12 years* - While gang rape on a woman below 12 years is also a serious offense, it falls under a different subsection of 376 (e.g., 376DA), not 376AB itself. - Section 376AB specifically focuses on individual acts of rape. *Rape on a woman below 16 years* - Rape on a woman below 16 years is covered by other sections of the IPC, such as 376 read with relevant age stipulations, but **not specifically 376AB**. - Section 376AB is specifically for victims under 12, indicating a distinct legal threshold for stricter punishment. *Gang rape on a woman below 16 years* - This offense is addressed by separate provisions within the IPC (e.g., 376D or 376DA, depending on the victim's exact age and circumstances), rather than **Section 376AB**. - Section 376AB's focus is on the age criterion of **below 12 years** for individual rape.

Question 270: Punishment for penetrative sexual assault under POSCO act is

A. 12 years
B. 7 years (Correct Answer)
C. 10 years
D. 5 years

Explanation: **7 years** - Under Section 4 of the Protection of Children from Sexual Offences (**POSCO**) Act, the punishment for penetrative sexual assault is **rigorous imprisonment** for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to fine. - This minimum sentence reflects the severity with which the law views offenses involving child victims. *12 years* - While certain aggravated forms of sexual assault under POSCO can carry significantly longer sentences, 12 years is not the standard minimum or typical base punishment for penetrative sexual assault. - This duration might be applicable in cases involving **aggravating circumstances**, but not as the general penalty for penetrative sexual assault. *10 years* - The minimum punishment specified in the POSCO Act for penetrative sexual assault is **seven years**, not ten years. - A ten-year sentence might be imposed by a court within the possible range of punishment but is not the statutory minimum. *5 years* - Five years is **below the minimum term of imprisonment** prescribed by the POSCO Act for the offense of penetrative sexual assault. - Such a sentence would be applicable for lesser offenses under the Act, but not for penetrative sexual assault.

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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