Section 63 BNS: Rape

Table of Contents

Section 63 BNS | BNS 63 | Rape Section in BNS

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; 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.

READ OTHER SECTIONS OF CHAPTER V — OF OFFENCES AGAINST WOMAN AND CHILD

Section No.	Section Title
	Of Sexual Offences
63	Rape.
64	Punishment for rape.
65	Punishment for rape in certain cases.
66	Punishment for causing death or resulting in persistent vegetative state of victim.
67	Sexual intercourse by husband upon his wife during separation.
68	Sexual intercourse by a person in authority.
69	Sexual intercourse by employing deceitful means, etc.
70	Gang rape.
71	Punishment for repeat offenders.
72	Disclosure of identity of victim of certain offences, etc.
73	Printing or publishing any matter relating to Court proceedings without permission.
	Of Criminal Force And Assault Against Woman
74	Assault or use of criminal force to woman with intent to outrage her modesty.
75	Sexual harassment.
76	Assault or use of criminal force to woman with intent to disrobe.
77	Voyeurism.
78	Stalking.
79	Word, gesture or act intended to insult modesty of a woman.
	Of Offences Relating To Marriage
80	Dowry death.
81	Cohabitation caused by man deceitfully inducing belief of lawful marriage.
82	Marrying again during lifetime of husband or wife.
83	Marriage ceremony fraudulently gone through without lawful marriage.
84	Enticing or taking away or detaining with criminal intent a married woman.
85	Husband or relative of husband of a woman subjecting her to cruelty.
86	Cruelty defined.
87	Kidnapping, abducting or inducing woman to compel her marriage, etc.
	Of Causing Miscarriage, Etc.
88	Causing miscarriage.
89	Causing miscarriage without woman’s consent.
90	Death caused by act done with intent to cause miscarriage.
91	Act done with intent to prevent child being born alive or to cause to die after birth.
92	Causing death of quick unborn child by act amounting to culpable homicide.
	Of Offences Against Child
93	Exposure and abandonment of child under twelve years of age, by parent or person having care of it.
94	Concealment of birth by secret disposal of dead body.
95	Hiring, employing or engaging a child to commit an offence.
96	Procuration of child.
97	Kidnapping or abducting child under ten years of age with intent to steal from its person.
98	Selling child for purposes of prostitution, etc.
99	Buying child for purposes of prostitution, etc.