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Home › BNS Sections › Section 63
Bharatiya Nyaya Sanhita, 2023 In force since 1 July 2024

Section 63 BNS - Rape definition

धारा 63 BNS (भारतीय न्याय संहिता) बलात्संग की परिभाषा देती है - पुरानी IPC की धारा 375 अब यही धारा 63 है। नई संहिता में अपवाद 2 के अंतर्गत पत्नी की आयु 15 वर्ष से बढ़ाकर 18 वर्ष कर दी गई है।

Act
Bharatiya Nyaya Sanhita, 2023
Section
63 - Rape definition
Old provision
Section 375 IPC

Old law → Section 63 BNS

Corresponds toChangeRemarks
Section 375 IPC Modified Age of Consent: 15 years is replaced by 18 years in BNS. Exception 2 of Section 63 states that “sexual intercourse or acts by a man with his wife, the wife not being under 18 years of age, is not rape”.

Section 63 of the Bharatiya Nyaya Sanhita, 2023 (BNS) contains the definition of rape. It replaced Section 375 of the Indian Penal Code when the BNS came into force on 1 July 2024, carrying the substance of the old definition forward with one significant change: the age in the marital exception was raised from fifteen to eighteen years.

This is a definition section - it states what amounts to rape. The punishment is prescribed separately in Section 64 BNS.

What Section 63 BNS provides

A man is said to commit rape if he does any of the physical acts described in clauses (a) to (d) of the section - penetration, insertion of any object or body part, manipulation of the body to cause penetration, or the application of the mouth - with a woman, in any of seven circumstances:

  • against her will;
  • without her consent;
  • with her consent, when the consent is obtained by putting her, or any person she is interested in, in fear of death or hurt;
  • with her consent, when she gives it believing the man is her husband when he is not;
  • with her consent, when she cannot understand the nature and consequences of what she consents to because of unsoundness of mind or intoxication;
  • with or without her consent, when she is under eighteen years of age; and
  • when she is unable to communicate consent.

Consent under Section 63

The section defines consent as an unequivocal voluntary agreement, communicated by words, gestures or any form of verbal or non-verbal communication, showing a willingness to participate in the specific act. It also makes clear that a woman who does not physically resist is not, by that fact alone, to be regarded as consenting. Where the woman is below eighteen, consent is immaterial - the sixth circumstance applies whether or not she agreed.

The two exceptions

  • Exception 1 - a medical procedure or intervention does not constitute rape.
  • Exception 2 - sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. This is the marital exception, and the age threshold is where the BNS departs from the IPC.

What changed from Section 375 IPC

The definition itself is substantially the old Section 375 IPC, renumbered. The change lies in Exception 2: the IPC text said the wife must not be under fifteen years; the BNS raises that to eighteen years, aligning the exception with the general age of consent. This codifies the position the Supreme Court had already reached in Independent Thought v. Union of India (2017), which read the fifteen-year threshold up to eighteen, holding that sexual intercourse with a wife below eighteen is rape. The provision remains gender-specific - the offence is defined as committed by a man against a woman - and sexual acts by a husband with a wife aged eighteen or above remain outside the definition.

Leading Supreme Court judgment

  • Independent Thought v. Union of India (2017) - held the fifteen-year marital-exception age unconstitutional as regards wives between fifteen and eighteen, reading it up to eighteen. The BNS adopts that position in the statutory text.

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Frequently Asked Questions

What is Section 63 BNS?

Section 63 of the Bharatiya Nyaya Sanhita, 2023 defines the offence of rape - the physical acts and the seven circumstances, including absence of consent and the victim being under eighteen. It replaced Section 375 IPC on 1 July 2024; the punishment is prescribed separately in Section 64 BNS.

What is Section 375 IPC called now?

The definition of rape is now Section 63 of the BNS. The substance of the old definition is carried forward, with the age in the marital exception raised from fifteen to eighteen years.

What is the age of consent under the BNS?

Eighteen years. Sexual intercourse with a woman under eighteen amounts to rape under Section 63 BNS whether or not she consented.

Is marital rape an offence under Section 63 BNS?

Exception 2 to Section 63 provides that sexual intercourse or sexual acts by a man with his own wife are not rape, provided the wife is not under eighteen years of age. Where the wife is below eighteen, the exception does not apply and the act is rape.

How does Section 63 define consent?

As an unequivocal voluntary agreement communicated by words, gestures or any verbal or non-verbal means, showing willingness to participate in the specific act. Absence of physical resistance is not, by itself, consent.

What is the main change in Section 63 BNS compared to Section 375 IPC?

The main change in Section 63 BNS is that the age threshold in the marital exception was raised from fifteen to eighteen years. This aligns the exception with the general age of consent.

What are the exceptions to rape under Section 63 BNS?

Exception 1 provides that a medical procedure or intervention does not constitute rape. Exception 2 states that sexual acts by a man with his own wife are not rape, provided the wife is not under eighteen years of age.