Rape (BNS 2023 Section 63)
Definition
Sexual intercourse or specified penetrative acts by a man with a woman without her consent, against her will, by coercion, by misrepresentation, or where she is under 18 or unable to give consent.
- Statute
- Bharatiya Nyaya Sanhita 2023, Section 63
- Jurisdiction
- India
- Predecessor provision
- Indian Penal Code Section 375
- Consent age threshold
- Under 18 treated as unable to consent
Common questions
How does BNS Section 63 relate to the older IPC Section 375?+
The Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code as India's general criminal code, and Section 63 carries forward the substance of the earlier Section 375 rape provision with its listed circumstances of non-consent, updated numbering and cross-references to the new code.
What role does medicolegal examination play under this provision?+
Clinical findings from a medical examination can corroborate or fail to corroborate an allegation, but under Indian law the medical opinion is one piece of evidence among several, not a standalone determinant of whether the offence occurred, since consent and circumstance are ultimately questions for the court.
Related terms
- Consent
- Under BNS 2023 Explanation 2 to Section 63, unequivocal voluntary agreement by words, gestures or any verbal or non-verbal communication. Absence of...
- Fast-Track Court
- Designated court (often Fast Track Special Court, FTSC) set up under the 2019 scheme to dispose POCSO and rape cases within stipulated...
- Marital Rape Exception
- Exception 2 to BNS 2023 Section 63 (carrying forward IPC 375 Exception 2): intercourse by a man with his own wife not...
- MoH&FW Protocol 2014
- Ministry of Health and Family Welfare Guidelines and Protocols for Medico-legal Care for Survivors and Victims of Sexual Violence, 2014. Standardised history,...
- Penetration
- Even slight penetration of the vagina, mouth, urethra or anus by the penis, any body part, or any object is sufficient to...
- POCSO 2012
- The Protection of Children from Sexual Offences Act 2012 (India); establishes criminal liability for child sexual abuse but does not mandate sex-offender...
- Sexual Assault (POCSO)
- Under POCSO 2012, any non-penetrative sexual touch of a child with sexual intent. Aggravated sexual assault attracts higher punishment when committed by...
- Statutory Rape
- Sexual intercourse with a person below the age of consent (18 in India), regardless of consent. The minor's consent is legally irrelevant.
- Two-Finger Test
- Discredited per-vaginal examination once used to comment on habituation to intercourse. Banned by the Supreme Court in Lillu @ Rajesh v State...