Section 63 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

CHAPTER V
OF OFFENCES AGAINST WOMAN AND CHILD
Of sexual offences

Rape.

63. 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.