Which section defines rape under Bhartiya Nyaya Sanhita?

  1. Section 61
  2. Section 63
  3. Section 69
  4. Section 70

Answer (Detailed Solution Below)

Option 2 : Section 63

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The correct answer is Option 2

Key Points Section 63: Rape under the Bharatiya Nyaya Sanhita

A man is said to commit the offense of "rape" if he:

(a) Penetrates, to any extent, his penis into the vagina, mouth, urethra, or anus of a woman, or forces her to engage in such acts with him or any other person; or
(b) Inserts, to any extent, any object or body part (excluding the penis) into the vagina, urethra, or anus of a woman, or compels her to do so with him or another person; or
(c) Manipulates any part of a woman's body to cause penetration into her vagina, urethra, anus, or any other body part, or forces her to engage in such acts with him or another person; or
(d) Applies his mouth to the vagina, anus, or urethra of a woman, or coerces her to do so with him or another person,

under any of the following conditions:
(i) Against her will;
(ii) Without her consent;
(iii) With her consent, obtained by threatening her or someone she cares about with death or harm;
(iv) With her consent, when she believes he is her lawful husband, even though he knows he is not;
(v) With her consent, but at the time of consent, she is incapable of understanding the act due to mental incapacity, intoxication, or being administered any stupefying substance;
(vi) With or without her consent, if she is under eighteen years of age;
(vii) When she is unable to communicate consent.

Explanation 1: The term "vagina" includes the labia majora.
Explanation 2: Consent means a clear, voluntary agreement, expressed through words, gestures, or other forms of verbal or non-verbal communication, showing a willingness to participate in the specific sexual act. A woman’s lack of physical resistance does not imply consent.

Exception 1: Medical procedures or interventions do not constitute rape.
Exception 2: Sexual intercourse or sexual acts between a man and his wife, where the wife is above eighteen years of age, do not constitute rape.

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