Bharatiya Nyaya Sanhita, 2023

Section 63 BNS - Rape: Definition, Consent, Age Rule and Exceptions

Section 63 of the Bharatiya Nyaya Sanhita, 2023 defines the offence of rape. It identifies the sexual acts covered by the provision, the seven circumstances in which those acts amount to rape, the legal meaning of consent, the rule applicable where the woman is under eighteen years of age, and two statutory exceptions.

Current law: The Bharatiya Nyaya Sanhita, 2023 is Act 45 of 2023. Its provisions, except Section 106(2), came into force on July 1, 2024. Section 63 is therefore in force. See the official India Code entry for the Bharatiya Nyaya Sanhita, 2023 and the Ministry of Home Affairs commencement notification S.O. 850(E), dated February 23, 2024.
ProvisionSection 63, Bharatiya Nyaya Sanhita, 2023
SubjectDefinition of rape
Consent ruleConsent must be an unequivocal voluntary agreement for the specific sexual act
Age ruleWhere the woman is under eighteen years of age, consent does not prevent the act from falling within clause (vi)

Full Text of Section 63 BNS

63. Rape. A man is said to commit "rape" if he-

(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or

(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or

(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:-

(i) against her will;

(ii) without her consent;

(iii) with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt;

(iv) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married;

(v) with her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent;

(vi) with or without her consent, when she is under eighteen years of age;

(vii) when she is unable to communicate consent.

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 to the act of penetration shall not by the 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.

What Section 63 BNS Means

Section 63 is primarily a definition provision. It first identifies four categories of sexual conduct in clauses (a) to (d). Those acts amount to rape when they occur in any one of the seven circumstances listed in clauses (i) to (vii).

1. Acts covered by Section 63

The provision covers penile penetration, insertion of an object or another body part, bodily manipulation causing penetration, and oral application to specified parts of the body. The statutory language makes clear that penetration "to any extent" is sufficient where that expression appears.

2. Against will and without consent

Clauses (i) and (ii) separately cover acts done against the woman's will or without her consent. The distinction is important because Section 63 does not treat consent merely as absence of physical resistance.

3. Consent obtained by fear or misconception

Clause (iii) deals with consent obtained by placing the woman, or a person in whom she is interested, in fear of death or hurt. Clause (iv) deals with consent given under the specified mistaken belief that the man is another person to whom she is, or believes herself to be, lawfully married.

4. Inability to understand the nature and consequences

Clause (v) covers consent given when, because of unsoundness of mind, intoxication, or administration of a stupefying or unwholesome substance, the woman is unable to understand the nature and consequences of the act to which she gives consent.

5. Woman under eighteen years of age

Clause (vi) expressly states that the relevant acts fall within the provision "with or without her consent" when the woman is under eighteen years of age. Accordingly, consent does not take the case outside clause (vi).

6. Unable to communicate consent

Clause (vii) applies where the woman is unable to communicate consent.

Meaning of Consent under Section 63

Explanation 2 defines consent as an unequivocal voluntary agreement communicated by words, gestures, or any form of verbal or non-verbal communication showing willingness to participate in the specific sexual act. The proviso further states that lack of physical resistance, by itself, does not amount to consent.

Exceptions under Section 63

Exception 1 excludes a medical procedure or intervention from the definition of rape. Exception 2 states that sexual intercourse or sexual acts by a man with his own wife, where the wife is not under eighteen years of age, are not rape under this section.

Punishment for Rape

Section 63 defines the offence; it does not itself set out the general punishment. Punishment is dealt with under Section 64 BNS - Punishment for rape, with further aggravated or related offences addressed in succeeding provisions.

Related BNS Provisions

This page reproduces Section 63 for legal information and explains its structure in plain language. For authoritative statutory text, use the official India Code source linked above.