BNS Section 63 : Rape

Definition of BNS Section 63

Section 63 of the BNS 2023 States:

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 and Illustration of BNS Section 63

Explanation 1: For the purposes of this section, the term 'vagina' is inclusive of the labia majora.

Explanation 2: Consent refers to a clear and voluntary agreement, where a woman communicates her willingness to engage in a specific sexual act through words, gestures, or any form of verbal or non-verbal expression. However, the mere absence of physical resistance does not signify consent to sexual activity.

Exception 1: A medical procedure or intervention does not amount to rape.

Exception 2: Sexual intercourse or acts between a man and his wife, provided she is above the age of eighteen, are not regarded as rape.

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