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Damodaram Sanjivayya National Law

University

Family Law Project

A Study of Modis Medical Jurisprudence On
Sexual Offences

Mugdha Tomar
Sec B
IIIrd Sem
201263

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Certificate

This is to certify that Miss Mugdha Tomar with Reg.No 201263 of IIIrd semester prepared
the project on A Study of A Study of Modis Medical Jurisprudence On Sexual Offences.In
partial fulfilment of her semester course in the subject Family Law I During the academic
year 2013-2014 under my supervision and guidance.

Signature of the Faculty

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Acknowledgement
I would like to thank Dr K Sudha our Family Law I teacher for giving me such a wonderful
opportunity for doing a project on A Study on Modis Medical Jurisprudence on Sexual
Offences.The topic helped me immensely in enhancing my knowledge about the topic.

Thank You

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Table of Contents
Research Methodology..
Medical Jurisprudence
An Introduction.. 6 8
Jaising P Modi & His Contribution 9
Sexual Offences.. 10
Rape 10-12
Punishment for Rape12-14
Case laws on Rape....14-15
Other Issues Related to Rape15-18
Sexual Assault of Men 19
Incest20
Unnatural Sexual Offences. 2123
Sexual Deviations 24-26
Conclusion.... 27
Bibliography 28

Research Methodology

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Medical Jurisprudence

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An Introduction
The first paragraph of Alfred Swaine Taylors Principles and Practice of Medical
Jurisprudence, published in 1865 and for a century the standard textbook on the subject,
explains its scope better:1
Medical Jurisprudence , or, as it is sometimes called, Forensic, Legal, or State Medicine may
be defined to be that science which teaches the application of every branch of medical
knowledge to the purposes of the law; hence its limits are, on the one hand, the requirements
of the law, and on the, the whole range medicine. Anatomy, physiology, medicine, surgery,
chemistry, physics and botany lend their aid as necessity arises; and in some cases all these
branches of science are required to enable a Court of Law to arrive at a proper conclusion on
a contested question affecting life or proper.2
Forensic Medicine is usually associated with the detection of violent crime, but this
definition is too narrow. The word forensic is derived from the Latin word forensis, meaning
of the forum. In Rome, forum was the meeting place where civic and legal matters were
discussed by those with public responsibility.
Even though medical jusrisprudence, forensic medicine and legal medicine are terms
commonly used to denote the branch of medicine which deals with the application of the
principles and knowledge of medicine for the purpose of law, both civil and criminal, they
bear different meanings. Medical jurisprudence embraces all questions which affect the civil
or social rights of individuals,as well as cases of injure to persons, and brings the medical
practitioner in contact with the laws. Thus, medical jurisprudence deals with the legal aspect
of medical practice, while forensic medicine deals with the application of medical knowledge
to the administration of law.Toxicology deals with the symptoms, diagnosis and treatment of
poisons, and the methods of detecting them.Forensic science is an all-comprehensive term.In
1 Taylor AS, The Principles and Practice of Medical Jurisprudence, London, 1965, p xvii.In:MA
Crowther, Brenda M White, Medicine,Property and the Law in Britain, 1800-1914,The Historical
Journal, 314, 1988, P 855
2 Medical Jurisprudence was the term favoured over Forensic Medicine in the 19 th century.The
former term reflecting more accurately the subjects perceived subservience to the needs of the law.

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its broadest definition, forensic science is the application of science to those criminal and
civil laws that are enforced by police agencies and courts.

Scope of Medical Jurisprudence

Medical jurisprudence is concerned with a broad range of medical, legal, and ethical issues,
as well as human rights and rights of individuals.
Physicians have a duty to act in their patients best interest and can be charged in a court of
law if they fail to do so. On the other hand, a physician may be required to act in the interest
of third parties if his patient is a danger to others. Failure to do so may lead to legal action
against the physician.
States have been known to ask physicians engage in torture of individuals or examine and
identify individuals who can endure torture. In such circumstances, physicians must choose
whether to disobey the authorities even at the risk of harm to themselves.
Physicians assess injured individuals and the degree of impairment they cause. This allows
courts to determine and award damages.
They may also be required to assess the mental status of accused persons and whether they
are fit to stand trial. They may also determine whether an individual is of sound mind and
capable of getting into a binding contract with another party.
They are also required to perform an autopsy to determine the cause or time of death where
this is not clear.
Medical jurisprudence includes:

questions of the legal and ethical duties of physicians;

questions affecting the civil rights of individuals with respect to medicine; and,

medico legal assessment of injuries to the person.

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Under the second heading, there are many aspects, including (but not limited to):

questions of competence or sanity in civil or criminal proceedings;

questions of competence of minors in matters affecting their own health; and,

questions of lawful fitness or safety to drive a motor vehicle, pilot an aeroplane, use
scuba gear play certain sports, or to join certain occupations.

Under the third heading, there are also many aspects, including (but not limited to):

assessment of illness or injuries that may be work-related (see workers'

compensation or occupational safety and health) or otherwise compensable;

assessment of injuries of minors that may relate to neglect or abuse; and,

certification of death or else the assessment of possible causes of death. This,

however, is the more commonly understood, albeit narrow, meaning of forensic
medicine.3

3 http://en.wikipedia.org/wiki/Medical_jurisprudence

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Jaising P Modi & His Contribution

Dr Jaising P Modi was born in 1875 and after finishing his education in Bombay and
England, he joined Government Services in Uttar Pradesh and soon came to agra medical
School as a teacher in Medical Jurisprudence,where he held a distinguished record of service
and popularity as a teacher.In 1918 he shifted to KG Medical College, Lucknow, in various
capacities as professor of Materia Medica and Forensic Medicine and later as a Reader in
medical jurisprudence.Many of his distinguished students we have as teachers today.
Before the beautiful piece of literature on Medical Jurisprudence Modis Juris came into
existence our courts recognised none but foreign authorities on that subject and the students
read nothing but foreign authors.Law in every land is made to suit the living conditions of the
people.Modis work did not enunciate a new law,but it interpreted it in a way that was
applicable to our country and could be easily understood by our countrymen.For a change we
began reading or Ramu and kalua fighting over their cattle with a gandasa can understand
the difference.The typical and rare Indian cases quoted in his work with their full medicolegal implications are very valuable.Right since the birth of Modis Juris in 1920 the work
reigns supreme in its field upto this date.It knows no provincial boundaries or national
boundaries for it is an international monument on the subject.Dr Modi was for many years
considered the most reliable expert in medico-legal cases and his expert opinions were upheld
in every court of this country.
On the 19th june 1954,India lost one of its most distinguished medical jurists in Dr Jaising P
Modi.At the time of his death he was 79,but the advanced years had not affected his zeal and
passion for the subject of medical jurisprudencee.
It is difficuly to fathom the depth of learning of Dr Modi and it will be long before another of
his calibre rises from the profession to overshadow his name.

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Sexual Offences
Rape and unnatural sexual offences namely, sodomy, buccal coitus, tribadism and bestiality,
and certain sexual deviations are discussed under the heading Sexual Offences.Though
sexual deviations like sadism, masochism, fetishism, transvestism, exhibitionism are not
actually sexual offences,yet,they can be conveniently discussed as they sometimes become a
subject of inquiry.

Rape
Rape is a crime and not a medical diagnosis to be made by the medical officer treating the
victim.It is a charge made by the investigating officer on a complaint by the victim.The only
statement that can be made by the medical officer is whether there is evidence of recent
sexual activity.Whether the rape has occurred or not is a legal conclusion, not a medical one.

Landmark Case on Rape

The Mathura Case
The famous Mathura case which provided an impetus for a change in the law relating to rape,
and certain sections of the law of evidence,raised important issues.

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Mathura, a young girl, was alleged to have been raped at the police station, where she had
been called at night for interrogation along with her husband, Ashok, on a complaint lodged
by her own brother against Ashok, herself and some others.
After the interrogation, the police constable, Ganpath,took Mathura into a latrine situated in
the rear of the main building and raped her.Mathura immediately told her brother, Ashok and
his relatives of the rape.A complaint was lodged with the police station.The medical
examination of Mathura, made 20 hours after the incident, revealed that she had no injury on
her person and that her hymen revealed old ruptures.Presence of semen was, however,
detected on the girls clothes and on the accused,Ganpaths,pyjama.The doctor estimated the
age of Mathura to be between 15 to 16 years.The Supreme Court held that the sexual
intercourse in question was not proved to amount to rape.This case resulted in raising an
unprecedented amount of protests.This led to a change in the law of rape and recognition that
custodial rape by people in authority,including by a policeman,was a special species of
rape.In such a case, if sexual intercourse was proved and the victim stated that she did not
consent, it would be presumed that she did not consent.4

Law on Rape
Section 375 of the Indian Penal Code 1860 describes rape as follows:
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 following
descriptions :
Firstly, against her will;
Secondly, without her consent;
Thirdly, with her consent, when she has been obtained by putting her or any person in whom
she is interestedin fear of death or of hurt.

4 Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit K
Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 895,896

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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 suchconsent, 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.5

Punishment for Rape

The Indian Penal Code 1860 s 376(1) prescribes minimum punishment for rape as seven
years which may be for life or for a term which may extend to 10 years and shall also be
liable to fine unless the woman raped is his own wife and is not under 12 years old, in which
case, he shall be punished with imprisonment of either description for a term which may
extend to two years or with fine or with both.
However, the court may, for adequate and special reasons to be mentioned in the judjment,
impose a sentence of imprisonment for a term of less than seven years.
The Indian Penal Code 1860 s 376(2) lays down that when a police officer, or a public
servant, or a jail staff, or a hospital; staff, commits rape on a pregnant woman, or on a girl
under 12 years of age or commits gang rape, imprisonment of either description for a term
which shall not be less than seven years but which may be for life or for a term which may
extend to ten years and shall also be liable to fine unless the woman raped is his own wife
5 IPC(1860)

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and is not under twelve years of age, in which cases, he shall be punished with imprisonment
of either description for a term which may extend to two years or with fine or with both.
Section 376A of the Indian Penal Code 1860 lays down that intercourse by a man with his
wife during separation shall be punished with imprisonment of either description for a term
which may extend to two years and shall also be liable to fine.
Section 376B of the Indian Penal Code 1860 lays down that intercourse by a public servant
with a woman in his custody shall be punished with imprisonment for a term which may
extend to five years and shall also be liable to fine.
Section 376C `of the Indian Penal Code 1860 lays down that intercourse by the
superintendent of a jail or remand home shall be punished with imprisonment for a term
which may extent to five years and shall also be liable to fine.
Section 376D of the Indian Penal Code 1860 lays down that intercourse by any member of
the management or staff of a hospital with any woman in that hospital shall be punished with
any woman in that hospital shall be punished with imprisonment for a term which may
extend to five years and shall also be liable to fine.
To constitute the offence of rape, it is not necessary that there should be complete penetration
of the penis with the emission of semen and the rupture of hymen.Partial penetration of the
penis within the labia majora or the vulva or pudenda, with or without the emission of semen,
or even an attempt at penetration is quite sufficient for the purpose of law.It is, therefore,
quite possible to commit legally, the offence of rape without producing any injury to the
genitals or leaving any seminal stains.In such a case, the medical officer should mention the
negative facts in his report, but should not give his opinion that no rape had been committed.
Where rape cannot be proved, the case may be dealt with as a less serious offence of indecent
assault on a female, committed with intent or knowledge to outrage her modesty.It is
punishable under s 354 of the IPC with imprisonment of either description for a term that
may extend to two years, or fine, or with both.This will differ according to the country and
race to which the woman belongs.

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The ingredients that are essential for proving a charge of rape are the accomplishment of the
act with force and resistance.It is necessary to prove that the ressistance offered by the
woman was up to her utmost capability, and that every means, such as shouting, crying,
biting or beating had been tried to prevent the successful commission of the act.The act is
regarded as rape if the woman has yielded out of fear, duress or complete exhaustion. A
woman may be accused of an indecent assault on a man but not rape.6

Case Laws on Rape

In an alleged case of rape of a minor girl, aged eight years, on examination of the
victim after five days, the medical officer found an abrasion on the medial side of the
labia majora and redness around the labia minora with white discharge, but the hymen
was intact and was admitting the tip of the little finger and in view of the absence of
signs of full penetration, the medical officer opined that there was attempt to rape.
The trial court convicted the accused for the offence of rape but the Madhya Pradesh
High Court, in appeal, changed the conviction from under the Indian Penal Code 1860
s 376 to s 354 (outraging the modesty of a woman).However, the Supreme Court, on
appeal, held that under the basis of the medical findings, it could be safely concluded
that there was partial penetration within the labia majora or vulva or pudenda, which
in legal sense is sufficient to contribute to rape, and convicted the accused for the
offence of rape.7
The victim, a minor girl, aged about 14 years, was bodily lifted and put to sexual
assault by three accused persons and according to the doctor, the hymen of the victim
was ruptured and admitted two fingers, bled on touch, was reddish in colour and was
painful and tender and there was linear contusions on both the breasts of the
victim.The trial court convicted the accused person for the offence of rape. The
Karnataka High Court, in appeal, acquitted the convicts for the reason that the hymen
of the victim was ruptured and admitted two fingers which showed that the victim was
habitual to sexual intercourse and also the vaginal swab showed no presence of
6 Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit K
Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 897,898

7 Madan Gopal Kakkad v Naval and anor (1992) 3 SCC 204.

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spermatozoa. However, the Supreme Court held that the ruptured hymen and
admission of two fingers cannot be viewed as if the victim was habitual to sexual
intercourse and also the presence of spermatozoa in vaginal smear is not a must in all
acts of rape as absence may be due to various factors. It held that the doubts
entertained by the High Court are not tenable and the fact of rape stands established,
and convicted the accused.8

Other Issues Related to Rape

Consent According to the law in India, a woman of and above the age of 16 years is
capable of giving the consent to an act of sexual intercourse, but the consent must be
conscious, free and voluntary and given while she is in full possession of her faculties.
Consent should also have been obtained prior to the act.It is no defence that the consent was
given after sexual connection.
It is also no excuse that the woman was a prostitute, for like any other women, she is entitled
to the protection of the law and may not be forced. However, it must be remembered that the
evidence of sexual intercourse upon the medical examination of a woman used to it, cannot
form a legal proof of rape.

Marital Rape Section 376A of the Indian Penal Code states that
(1)forcible sexual intercourse by a man with his wife;
(2) (a) who is living separately from him under a decree of separation; or
(b) under any custom or usage;
(3) without her consent, is punishable with imprisonment of either description for a term
which may extend to two years or with fine or with both.

8 Kumari Narayanamma v State of Karnataka and ors (1995) SCC 26

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If there is a separation order in force, then the husband will be charged with rape under s
376(A) of IPC.A husband can, however, be guilty of abetment, if he assists another man to
commit rape on his wife.
In sexual crimes, the other person, usually the woman, may or may not be an accomplice,
depending on whether she is by the nature of the crime, a victim of it or voluntary a partner in
it.However, a woman is not an accomplice in rape, rape under age, seduction or an abortion,
nor a participant in sodomy.9

Age of the Male The law of England presumes that a boy under 14 years of age is
sexually impotent, and, therefore, incapable of committing rape. This presumption cannot be
rebutted by evidence as to his physical capacity, but he may be convicted of an indecent
assault under the Sexual Offences Act 1956.
The law in India does not presume any such age limit under which a boy is considered
physically incapable of committing rape. In a charge of rape brought against a boy, the court
decides the question of his potency from the evidence in the case and is guided by ss 82 and
83 of IPC in awarding punishment .
A case occurred at Poona, in July 1923, where a boy, aged 10 years, was charged with an
offence of rape on a European girl, aged seven years. The cantonment magistrate found the
accused guilty, and sentenced him to two years rigorous imprisonment, ordering that the
accused be sent to the Dharwar Juvenile Jail.10

Age of Victim This question often arises in courts in the cases of rape where the
defence pleads consent of the victim. In such a case, the prosecution is bound to prove that
the victim. In such a case, the prosecution is bound to prove that the victim was below the
prescribed age so that she had no capacity in law to give consent.If the sexual intercourse was

9Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit K
Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 917,918
10 Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit K
Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 919

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without consent, or against the will of the victim, the question of her age in case of a rape, is
immaterial.11

Custodial Rape Section 376B of the IPC 1860 punishes a public servant who induces
or seduces a woman in his custody to have sexual intercourse with him. The imprisonment
may extend up to five years.
Section 376C of IPC states that sexual intercourse not amounting to rape, by a superintendent
or a manager of a jail or other places of custody, who seduces or induces any female inmate,
shall be punishable, with imprisonment of up to five years.
Section 376D of IPC punishes a member of the management or staff of a hospital with
imprisonment of up to five years or fine, who taking advantage of his position in the hospital,
has sexual intercourse, not amounting to rape, with any woman in the hospital.
These provisions recognise and punish persons who, taking advantage of their custodial
positions, have sexual intercourse with women in their custody.12

Medical Examination of the Victim and the Accused in Cases of Rape

As the offence of rape is committed in privacy and direct evidence of rape is rarely available,
corroboration of the testimony of the complainant is sought from medical evidence. A charge
of rape is very easy to make and very difficult to refute, and in common fairness to the
accused, the courts insist on corroboration of the story of the complainants.Sometimes rape is
clearly proved or admitted, and the question is whether the accused committed the rape. At
11 Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit K
Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 920

12 Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit K
Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 921

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other times, the association of the accused and the complainant is admitted, and the question
is whether the rape was committed. Where rape is denied, the sort of corroboration one looks
for is medical evidence showing injury to the private parts of the complainant, injury to the
other parts of her body, which may have been occasioned in stuggle, seminal stains on her
clothes or the clothes of the accused, or on the places where the offence is committed.13

Effect of Non production of Medical Evidence in Rape Cases

The non-production of a medical report is not fatal if the other evidence in the case is found
believable.14In the case before the Supreme Court, the complainant and her husband belonged
to a backward community and came from a remote area. The complainant even had taken
bath and washed her clothes after rape.The Supreme Court held that the complainant and her
husband came from a backward community and could not be expected to know that they
should rush to the doctor for medical examination.The non production of medical evidence
was of no effect as other evidence was found reliable.The accused was convicted on the
charge of rape.1516

13 Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit K
Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 922

14 Sheikh Zakir v State of Bihar AIR 1983 SC 911,1983 Cr LJ 971.

15 Sheikh Zakir v State of Bihar AIR 1983 SC 911,1983 Cr LJ 971.

16 Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit K
Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 950 - 951

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Sexual Assault of Men

In United Kingdom, the first conviction for male rape was successfully tried after the
introduction of the Sexual Offences Act 1994.After the enactment of the new Act, a 26-yearold male, multiple sex attacker was jailed for life after he was found to be guilty for attacking
an 18-year-old penetration man.This Act considers rape as vaginal penetration of a woman,
or anal penetration of a person of either gender, without their consent, or with wilful
disregard to their consent.
Similarly, in United States, the majority of rape laws are gender blind allowing the inclusion
of male victims. The sexual assault of adult men outside the prison setting, ir rarely reported
in the media and has surfaced only recently in the literature. The lack of research on this
crime has encouraged a disbelief in the existence of male rape in the community, and
criminologists have generally believed that men are at a risk of non-consensual assault only
in prisons or similar institutions. Incident reports and prevalent research on sexual assault,
conducted in the United States, indicate that men may be at a greater risk from sexual
victimisation than previously realised. These studies support the efforts of mental health
professionals in the United Kingdom who have argued that sexual assault of men is an
underreported crime which can result in significance biopsychosocial dysfunction.Indian law

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does not recognise male rape. Therefore, sexual abuse of a boy is considered not as rape but
as an unnatural sexual act, by the Indian law.17

Incest
Incest is the sexual intercourse by a man with a woman who is closely related to him by
blood or by marriage, i.e. within the forbidden degrees of relationship, for example, a
daughter, grand-daughter, sister, step-sister, niece, aunt or mother. This is prohibited in
England and other western countries, and is regarded as a cognizable offence.Consent given
by the woman is no defence in a case of incest, and both the man and the woman of and
above the age of consent are punishable according to the law.
India, cases of incest do occur, but the police cannot take cognizance of such cases, as incest
per se is not an offence, unless such sexual intercourse can be brought into any of the
penalising sections of the IPC 1860, such as ss 376 and 497.
A case was bought to Modi in which the wife complained that her husband was having sexual
intercourse with his step-daughter, but no action was taken by the police as the act was done
with the consent of the girl who happened to be above the age of consent.18

17 Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit K
Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 951

1818 Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit
K Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 951,952

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Unnatural Sexual Offences

Section 377 of the IPC 1860 treats offences relating to carnal intercourse against the order of
nature with any man, woman or animal. It makes non- procreational sexual acts a criminal
offence.Under this section, penetration is sufficient to constitute the carnal intercourse
necessary to the offences which are punishable with imprisonment for life, or with
imprisonment of either description for a term which may extend to 10 years and also with
fine. These offences may be classified as sodomy, buccal coitus and bestiality.

Sodomy Sodomy is also called buggery and means an anal intercourse between man and
man or between man and woman. It is termed pedastry, when the passive agent is a young
boy (catamite). In order that the offence of sodomy be made punishable under s 377 of the
Indian Penal Code 1860, it is necessary that penetration, however little, should be proved
strictly. Similarly, an attempt to commit this offence is punishable under s 511 of IPC, only
when an attempt was made to thrust organ into the anus of the passive agent. A mere
preparation for the operation should not necessarily be construed as an attempt. Consent by
the passive party is no defence, nor is it a defence that the passive party was the wife of the
accused. Marriage is taken as an implied consent by the wife for normal intercourse and not
for anal intercourse. If the wife consented, both are guilty; if she did not, the husband alone is

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guilty. Under s 13 of the Hindu Marriage Act 1955, a wife can apply for annulment of
marriage if the husband has been guilty of rape, sodomy or bestiality. Buccal coitus or Coitus
per os ( the sin of Gomorrah) falls within the provision of and is punishable under s 377 of
IPC.19
In a case in which one, Khanu, was found guilty, under s 377 of IPC, of having committed the
sinof Gomorrah (Coitus per os) with a little child, J C Kennedy Observed that there is no
intercourse unless the visiting member is enveloped at least partially by the visited
organisms, for intercourse connotes reciprocity. Looking at the question in this way, it would
seem that the sin of Gonorrahis no less a carnal intercourse than the sin of sodomy.20

Lesbianism ( Tribadism, Female Homosexuality) Lesbiansim is practised by one woman

on another. It involves a friction of the external some genital organs by mutual bodily contact
for the gratification of sexual desire. It is said that in some instances, an unduly developed
clitoris is used as an instrument of passion, while in other cases, some artificial contrivance is
employed.Aristophanes mentions the use of an artificial penis or phallus by Milesian females.
This sort of sexual inversion is found among some women, though such cases have been
rarely brought before a court of law. Lesbianism is not an unlawful act and is not covered by
s 377 of IPC.
In a case where a husband petitioned for divorce on the ground of his wifes cruelty, the judge
held that a wifes unnatural relation with other women, coupled with neglect of her husband
and home, which so prayed upon the husbands health that it broke down, constituted a
course of conduct which not only injured the health, but gave rise to reasonable
apprehension of future injury; therefore, the husband was entitled to a decree.21
19 Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit K
Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 952

20 (1925) 26 Cr LJ 945 (Sind Judicial Commissioners Court).

21Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit K
Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 959

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Tribadism can be quite compatible with normal heterosexual behaviour.On the other hand,
some lesbian women can be so morbidly jealous of such women with whom they are in
inverted love, that they are sometimes incited to commit even murder.
Bestiality Bestiality means sexual intercourse by a human being with a lower animal, and is
punishable under s 377 of the IPC 1860. Sexual intercourse the usually takes place through
the vagina, but it may take place through the anus or any other orifice fit to receive the male
genital organ. In one case, sexual intercourse per nose with a bullock was regarded as a case
of bestiality within the terms of s 377 of IPC. The lower animals that are selected for this
purpose are cows, mares, she-asses, goats, bitches and even hens.
Cases of bestiality,though rare, do occur among young and vigorous villagers, who go out to
graze cattle in fields far away from the gaze of the human eye. Owing to loneliness and
proximity of the animals, they are excited to commit this abominable crime. Some of these
men have mental abnormalities. The crime of bestiality is also seen in some ignorant men,
who have a superstitious belief that they can be cured of gonorrhoea by committing sexual
intercourse with a she-ass
This crime may be committed with any animal, provided that intercourse, whether per annum
or per vaginum is physically possible.
In one case, it was held that an accused could not be found guilty of bestiality with a
domestic fowl whose parts were too small to admit those of the accused, and which were torn
away in the attempt.22
In a subsequent case, it was held that a person could be found guilty of attempt to commit the
offences with a duck, presumably on the principle that it is punishable to attempt to commit
the offences with a duck, presumably on the principle that it is punishable to attempt to
commit a criminal act, which in fact, is impossible of accomplishment.23

22 R v Muetreaty (1812) 1 Russ 822.

23 R v Brown (1889) 16 Cox CC 715

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Sexual Deviations
The concept of normality in human sexual behaviour is impossible to define since accurate
statistics on the frequency of different types of sexual behaviour are not available. Therefore,
to avoid pejorative terms like perversions deviations and aberrations, the term
paraphilia (meaning along side of and love) is used.24
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)

Sadism
Masochism
Fetishism
Tranvestism
Zoophilia
Paedophilia
Exhibitionism
Voyeurism
Sexual masochism

24 Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit K
Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 961

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(10)Atypical paraphilias
a. coprophilia (sexual excitement produced by faeces)
b. urophilia (urinating on a sexual partner)
c. urolagnia (being urinated or thinking about urine)
d. frotteurism (rubbing against strangers)
e. klismaphilia (self-administered enemas)
f. mysophilia (filthy surrounding)
g. necrophilia, h. telephone scatologia

Sadism - This is a form of sexual deviation in which the infliction of pain, torture and
humiliation to the partner, act as sexual stimulants. Donatien Alphonse Francois de Sade
(1740 1814), a French writer, was the first person to describe it, hence the name sadism. It
may be practised by either sex, but it is seen more commonly in males. In order to be
gratified sexually, the sadist brands his sexual partner, bites her severely, flogs her with a
whip, beats her with a stick, inflicts cuts on her with a knife, or ill-treats her in many other
cruel ways. In extreme cases, the sadist may gratify his sexual desire by murdering a female,
usually a child, without violating her, even though very serious injuries caused by the hand
may be found on the genitals. Such a murder is known as lust murder. Rarely, a sadist is
impelled to the most repulsive act of violating the body soon after murdering a female, or he
cuts open the body, tears out the genitals or other organs and devours the flesh to obtain
sexual pleasure. This appalling aberration of a sexual pervert is called necrophagia.
Fortunately, so far, such a case has not yet been reported in India. Sexual intercourse with a
corpse is called necrophilia.

Masochism Masochism is the opposite of sadism. In this form, sexual gratification is

sought from being beaten, tormented or humiliated by ones sexual partner. It was first
described by an Austrian novelist, Leopold Von Sacher Masoch (1836 1895) hence the
name masochism. It is generally found in males, but it may occur in females who may
invite their lovers to subjugate them by inflicting injuries on their persons. When the

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masochist writes anonymous obscene letters or when he allows himself to be abused, insulted
or ill-treated by a woman, he experiences pleasure and voluptuousness culminating even in
onanism.

Fetishism Fetishism is a form of sexual deviation, which is found in males only.The

fetishist experiences sexual excitement leading to orgasm from seeing some part of the body
of a woman or some article belonging to her e.g. shoe, body linen or wearing apparel. He
usually comes in conflict with the law, as he often expodes his perversion as soon as he sees
the object of his fetish. These individuals may be arrested for burglary or for stealing the
objects of their fetishist desires.

Transvestism or Eonism - It is a deviant desire to wear the clothes of the opposite sex.
They are predominantly homosexuals and occur in both sexes; no genital abnormality is
reported. A transvestite may die of sexual asphyxia due to strangulation or partial hanging
when he dresses in female clothes and attempts to achieve orgasm.Transexuals are those who
have an obsessional desire to become members of the opposite sex and seek surgery for
anatomical alteration. In law, change of sex is not recognised.

Exhibitionism - Exhibitionism consists of the indecent exposure of the genital organs in

public, mostly by males, to women, girls or children of either sex. It is often accompanied by
lewd gestures and even masturbation may be indulged in. In some cases, the act is impulsive
and spontaneous, while in other cases, it is premediated and the male organ is exposed even
in an erectile position.Exhibitionism is a criminal act. It is included as an obscene act, and is
punishable under s 294 of the Indian Penal Code 1860.25

25 Jaising P Modi,Modis Medical Jurisprudence and Toxicology, Editors K Mathiharan and Amrit K
Patnaik,LexisNexis Butterworths Wadhwa,New Delhi,23rd edn,Pg 961,964

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Conclusion
Medical Jurisprudence as seen through this project is very important for the study of various
kinds of crime and its determination. Medical Jurisprudence in relation to Sexual Offences
was studied in this project. Jaising P Modi has given a detailed explaination of each and every
sexual offence as well as sexual deviation even though many of the deviations are not that
frequently manifested. The result or the conclusion that I came after writing thus project was
that all the sexual offences which are there already including the deviations are not to be
studied in a compartmentalised manner. The interpretation given for each offence is quite
broad and covers most important aspects. Further the study also tells in a subtle way that
there can be no end point or a stop to the interpretation that can be done for each offence and
deviation. The field of Medical Jurisprudence is very wide and thus it has a lot of scope for
different interpretations in future.

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Bibliography
Online Source
http://en.wikipedia.org/wiki/Medical_jurisprudence
http://en.wikipedia.org/wiki/Sexual_assault

Main Source
Jaising P Modi, Modis Medical Jurisprudence and Toxicology,Editors
K Mathiharan and Amrit K Patanaik,New Delhi: Lexis Nexis
Butterworths. 23rd (2006).
Taylor AS, The Principles and Practice of Medical Jurisprudence,
London, 1965, p xvii.In:MA Crowther, Brenda M White,
Medicine,Property and the Law in Britain, 1800-1914,The Historical
Journal.

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