Section 63 - Rape (BNS, 2023)

Definition:

Under Section 63 of the BNS, rape is defined as a man committing any of the following acts with a woman against her will or without her consent, or under specific coercive or exploitative circumstances:

Acts Considered as Rape:

When a man:

1. Penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a woman
2. Inserts any object or part of the body (not being the penis) into her vagina, urethra, or anus.
3. Manipulates any part of her body to cause penetration.
4. Applies his mouth to her vagina, anus, or urethra.

These acts constitute rape if done:

• Against her will
• Without her consent
• When consent is obtained by threat, fear of death, or hurt
• When consent is obtained by threat, fear of death, or hurt
• When the woman is of unsound mind or intoxicated.
• When the woman is under 18 years old (a minor), consent is irrelevant in this case.
• When she is unable to understand the nature of the act

Punishment for Rape (Section 63):

Standard Punishment:

• Imprisonment: Minimum 10 years, extendable to life imprisonment.
• Fine: Yes

Aggravated forms of Rape (Stricter Punishment under BNS):

The punishment can be life imprisonment or the death penalty if:

• The victim is under 12 years
• The rape is committed by a police officer, public servant, or armed forces member.
• The victim is pregnant
• The rape causes death or leaves the victim in a persistent vegetative state
• The offender repeatedly rapes the same woman
• The act involves gang rape
• The offender is a relative, guardian, teacher, or someone in a position of trust or authority

Explanation of Consent:

“Consent” means an unequivocal voluntary agreement when the woman clearly communicates willingness to participate in the specific sexual act. Lack of physical resistance does not imply consent.

Note on Minor Victims:

• A girl under 18 years is legally incapable of giving consent
• So, any sexual act with a minor girl is statutory rape.

Purpose of Section 63:

• Ensure protection of women’s bodily autonomy and dignity
• Penalize all forms of non-consensual sexual violence
• Make provisions for stricter punishment in heinous or aggravated cases