Rape
What this section does
Defines the offence of rape by specifying four categories of penetrative or oral sexual acts committed by a man against a woman under any of seven enumerated circumstances, including without consent, under fear, fraud, or where the woman is under 18 or unable to communicate consent. Consent is defined as an unequivocal voluntary agreement, and mere absence of physical resistance does not constitute consent.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Practitioner note
Exception 2 preserves the marital rape exception for wives aged 18 or above. Exception 1 excludes medical procedures. Explanation 1 extends 'vagina' to include labia majora. This section is definitional; punishment is prescribed in sections 64–66.
- IPC Section 375 — Rape (definition)
Read the official text
For the binding statutory text of BNS Section 63, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 63 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.