Delhi HCSupreme CourtNCLTNCLATCCIDRTRERADPDP 2023
BNS 2023Chapter XVIIPC: IPC Section 375

Section 63

Rape

Offences Affecting the Human Body

Plain English Explanation

Section 63 defines rape comprehensively. A man commits rape by: (1) Penetration without consent, (2) Penetration with consent obtained by force, fraud, impersonation, intoxication, or by misrepresenting himself as the victim's husband, (3) Any penetrative sexual act with a woman below 18 years (even with consent). Marital rape exception: sexual intercourse by a man with his own wife above 15 years is not rape (this controversial exception remains from IPC).

Legal Text

Bharatiya Nyaya Sanhita, 2023 · Section 63

A man is said to commit "rape" if he— (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person...

Keywords

rapesexual assaultconsentgang rapePOCSOminorsexual violence

Related Sections

Punishment

Section 64: 10 years to life imprisonment + fine. Gang rape (Section 70): 20 years to life.

IPC Equivalent

IPC Section 375

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