A man is said to commit rape if he—
under the circumstances falling under any of the following seven descriptions:—
Explanation 1: For the purposes of this section, vagina shall also include labia majora.
Explanation 2: Consent means an unequivocal voluntary agreement when the woman, by words, gestures, or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:
Provided that a woman who does not physically resist the act of penetration shall not, by reason only of that fact, be regarded as consenting to the sexual activity.
Exception 1: A medical procedure or intervention shall 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.
BNS Section 63 defines rape with detailed criteria, including acts of penetration and manipulation of the body. Rape is defined through various scenarios such as acting against a woman’s will, without consent, or when consent is obtained through coercion, deceit, or if the woman is unable to understand the nature of the act due to unsoundness of mind or intoxication. It also addresses situations involving minors and cases where a woman cannot communicate consent. Medical procedures and marital relations with a consenting spouse are exceptions.
Q1: What constitutes rape under BNS Section 63?
A: Rape includes acts of penetration or manipulation of the body, or applying the mouth to intimate parts, under specific circumstances such as without consent, with coercion, or when the woman is unable to communicate consent.
Q2: What are the seven descriptions that can define rape under this section?
A: The descriptions are: (i) against her will; (ii) without her consent; (iii) with consent obtained through fear; (iv) with consent based on deception about marital status; (v) with consent obtained through incapacity due to unsoundness of mind or intoxication; (vi) with or without consent if under eighteen; (vii) when unable to communicate consent.
Q3: What does consent mean in the context of this section?
A: Consent means an unequivocal voluntary agreement communicated through words, gestures, or any form of verbal or non-verbal communication. Lack of physical resistance alone does not imply consent.
Q4: Are there any exceptions to what constitutes rape under this section?
A: Yes, exceptions include medical procedures or interventions and sexual acts between a man and his wife, provided the wife is not under eighteen.
1. Scenario: A man penetrates a woman without her consent.
Description: This act falls under the definition of rape as it is performed without consent and against her will.
2. Scenario: A man has sexual intercourse with a woman who believes he is her lawful husband, but he is not.
Description: This is considered rape as her consent was based on the belief of his marital status.
3. Scenario: A woman under the influence of drugs gives consent to a sexual act.
Description: This is considered rape if she is unable to understand the nature and consequences of her consent due to intoxication.
4. Scenario: A medical procedure is performed on a woman.
Description: This does not constitute rape as it falls under the medical procedure exception.
BNS Section 63 outlines the legal definition of rape, detailing various forms of sexual violation including penetration and manipulation of the body. It specifies conditions under which these acts are considered rape, including lack of consent, coercion, deception, or incapacity to consent. The section also provides exceptions for medical procedures and marital relations with a consenting spouse above eighteen.
Answer By Law4u Team
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