IPC Section 375 — Rape
sexual offences
Criminal
Summary
A man commits rape if he performs any of the following sexual acts with a woman under any of seven specific circumstances: penetrating his penis into her vagina, mouth, urethra, or anus; inserting any object or body part (other than his penis) into her vagina, urethra, or anus; manipulating any part of her body to cause penetration into her vagina, urethra, anus, or any body part; or applying his mouth to her vagina, anus, or urethra. The seven circumstances are: against her will; without her consent; with consent obtained by putting her or someone she cares about in fear of death or hurt; with consent given because she mistakenly believes he is her husband; with consent given when she is unable to understand the act due to unsoundness of mind, intoxication, or drugs; with or without consent when she is under 18; or when she is unable to communicate consent. Consent means a clear, voluntary agreement shown through words, gestures, or any communication that she is willing to participate in that specific sexual act, and lack of physical resistance alone does not count as consent. Medical procedures are not rape, and sexual acts by a man with his own wife are not rape if she is at least 15 years old.
Official Text
A man is said to commit “rape” if he, 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
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
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
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 descriptions1:
Against her will.
Without her consent.
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.
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.
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.
With or without her consent, when she is under eighteen years of age.
When she is unable to communicate consent.
Explanations
For the purposes of this section, “vagina” shall also include labia majora.
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.
Exceptions
A medical procedure or intervention shall not constitute rape.
Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.
Related Provisions
rape
Related Judgments
- ..Appellant/Accused vs State Rep by — Madras High Court (2013)
- MODERN TERRY TOWEL LTD v. SOLANKI MULJIBHAI REVABHAI HAR — Supreme Court of India (S)
- TARAKESHWAR SAHU v. STA TEOF BIHAR — Supreme Court of India (S)
- S.C.R. 1061 NAIM AHAMED v. STATE — Supreme Court of India (2023)
- INDEPENDENT THOUGHT v. UNION OF INDIA & ANR. 835 — Supreme Court of India (2017)
- S.C.R. 1114 RADHAKRISHNA NAGESH v. STATE OF ANDHRA PRADESH — Supreme Court of India (2012)
- : Petitioner vs 1. The District Collector cum District Magistrate — Madras High Court ()
- RAJENDRADAITA ZAREKAR v. STATE OF GOA DECEMBER 4, 2007 B — Supreme Court of India (2007)