BNS Section 63 – Rape
Chapter 5: Offences Against Women and Children ·
Bharatiya Nyaya Sanhita, 2023
BNS Section 63
IPC S.375
🔒 Non-Bailable
🔍 Cognizable
⚖ Court of Session
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; or (c) 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: (i) against her will; (ii) without her consent; (iii) with consent obtained by putting her in fear of death or hurt; (iv) with her consent when the man knows he is not her husband; (v) when she is unable to understand the nature and consequences due to mental illness or intoxication; (vi) with or without consent when she is under eighteen years of age; (vii) when she is unable to communicate consent.
📋 Explanation / Illustration
Explanation 1: vagina shall also include labia majora. Explanation 2: Consent means an unequivocal voluntary agreement when the woman by words gestures or any form of communication communicates willingness to participate in the specific sexual act. A woman who does not physically resist shall not by that reason alone be regarded as consenting. Exception 1: A medical procedure or intervention shall not constitute rape. Exception 2: Sexual intercourse by a man with his own wife the wife not being under eighteen years of age is not rape.
ℹ️ Classification & Key Notes
Cognizable. Non-bailable. Triable by Court of Session.
