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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter V: Of Offences Against Woman And Child

Section 63 BNS: Rape

Corresponding IPC
Section 375 IPC
Note
Substantially the same as IPC 375; the marital exception sets the wife's age at 18 years.

Bare Act text

A man is said to commit “rape” if he— Of sexual offences OF OFFENCES AGAINST WOMAN AND CHILD

(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; or

(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:—

(i) against her will;

(ii) without her consent;

(iii) with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt;

(iv) 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;

(v) with her consent when, at the time of giving such consent, 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;

(vi) with or without her consent, when she is under eighteen years of age;

(vii) when she is unable to communicate consent.

Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora.

Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:

Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Exception 1.—A medical procedure or intervention shall not constitute rape.

Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

A man commits rape if he does any of four acts: penetrating his penis, to any extent, into a woman’s vagina, mouth, urethra or anus; inserting any object or body part other than the penis into her vagina, urethra or anus; manipulating her body to cause penetration; or applying his mouth to her vagina, anus or urethra. Each applies equally where he makes her do so with him or any other person. The act is rape under seven descriptions: against her will; without her consent; consent obtained by fear of death or hurt to her or a person she is interested in; consent given believing him to be her lawful husband; consent given while unable to understand its nature and consequences through unsoundness of mind, intoxication or a substance administered by him or another; with or without consent when she is under eighteen; and when she is unable to communicate consent. Explanation 1 includes labia majora within “vagina”. Explanation 2 defines consent as unequivocal voluntary agreement communicated by words, gestures or other communication, and says lack of physical resistance alone is not consent. Exception 1 excludes medical procedures. Exception 2 excludes sexual acts with his own wife, not under eighteen.

Chapter V: Of Offences Against Woman And Child

  1. 63 Rape
  2. 64 Punishment for rape
  3. 65 Punishment for rape in certain cases
  4. 66 Punishment for causing death or resulting in persistent vegetative state of victim
  5. 67 Sexual intercourse by husband upon his wife during separation
  6. 68 Sexual intercourse by a person in authority
  7. 69 Sexual intercourse by employing deceitful means, etc
  8. 70 Gang rape
  9. 71 Punishment for repeat offenders
  10. 72 Disclosure of identity of victim of certain offences, etc
  11. 73 Printing or publishing any matter relating to Court proceedings without permission
  12. 74 Assault or use of criminal force to woman with intent to outrage her modesty
  13. 75 Sexual harassment
  14. 76 Assault or use of criminal force to woman with intent to disrobe
  15. 77 Voyeurism
  16. 78 Stalking
  17. 79 Word, gesture or act intended to insult modesty of a woman
  18. 80 Dowry death
  19. 81 Cohabitation caused by man deceitfully inducing belief of lawful marriage
  20. 82 Marrying again during lifetime of husband or wife
  21. 83 Marriage ceremony fraudulently gone through without lawful marriage
  22. 84 Enticing or taking away or detaining with criminal intent a married woman
  23. 85 Husband or relative of husband of a woman subjecting her to cruelty
  24. 86 Cruelty defined
  25. 87 Kidnapping, abducting or inducing woman to compel her marriage, etc
  26. 88 Causing miscarriage
  27. 89 Causing miscarriage without woman's consent
  28. 90 Death caused by act done with intent to cause miscarriage
  29. 91 Act done with intent to prevent child being born alive or to cause to die after birth
  30. 92 Causing death of quick unborn child by act amounting to culpable homicide
  31. 93 Exposure and abandonment of child under twelve years of age, by parent or person having care of it
  32. 94 Concealment of birth by secret disposal of dead body
  33. 95 Hiring, employing or engaging a child to commit an offence
  34. 96 Procuration of child
  35. 97 Kidnapping or abducting child under ten years of age with intent to steal from its person
  36. 98 Selling child for purposes of prostitution, etc
  37. 99 Buying child for purposes of prostitution, etc