Rape
Section 63 of the Bharatiya Nyaya Sanhita, 2023 deals with 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; The Act came into force on 01 Jul 2024.
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.
Section 63, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 375 Rape Close, with changes 76%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 4
- Bharatiya Sakshya Adhiniyam, 2023 (Draft stage of the translated version) s. 120
- s. 67 Sexual intercourse by husband upon his wife during separation
- s. 68 Sexual intercourse by a person in authority
- Bharatiya Sakshya Adhiniyam s. 120 Presumption as to absence of consent in certain prosecution for rape
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Independent Thought v. Union of India
Decided under Indian Penal Code 375, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Exception 2 to section 375 IPC, which treated sexual intercourse by a husband with his wife aged 15-18 as not rape, is unconstitutional. Sexual intercourse with a girl below 18 is rape even if she is married.
On this section: BNS 63 is the successor definition of rape; Independent Thought's striking of the child-wife exception carries forward.
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Hrishikesh Sahoo v. State of Karnataka
Decided under Indian Penal Code 375, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Karnataka HC (Justice M. Nagaprasanna) refused to quash a husband's prosecution for sexual offences against his wife and held that Exception 2 to IPC 375 cannot be an absolute shield; a married woman is not denuded of bodily autonomy. WP 48367/2018 dismissed. Supreme Court later stayed the trial; constitutionality of the marital-rape exception remains pending (see also RIT Foundation DHC split).
On this section: Successor copy: BNS 63 marital-rape exception is the live analogue; Karnataka HC trial-must-go-on holding (later stayed).
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RIT Foundation v. Union of India
Decided under Indian Penal Code 375, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Delhi HC DB split on Exception 2 to IPC 375 (marital-rape exception). Justice Rajiv Shakdher held the exception unconstitutional under Articles 14, 15 and 21; Justice C. Hari Shankar upheld it as a legislative classification. Certificate of appeal to the Supreme Court granted. No majority striking down the exception; matter pending in SC. BNS 63 carries a pari materia marital-rape exception.
On this section: Successor copy: BNS 63 carries a pari materia marital-rape exception; RIT split is the live teaching dispute.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 63
What have the courts held on Section 63 of the Bharatiya Nyaya Sanhita?
Independent Thought v. Union of India (11 Oct 2017) is the leading judgment on this section among those set out below, though it was decided under IPC 375, which this section replaced -- the court never mentioned this Act: BNS 63 is the successor definition of rape; Independent Thought's striking of the child-wife exception carries forward. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2017 to 2022.
How do I find court cases under Section 63 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 63, section 63 BNS, section 63 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 63 and 64 and bns 63 certificate. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Independent Thought v. Union of India (11 Oct 2017).
What should I read with Section 63 of the Bharatiya Nyaya Sanhita, and has it changed?
4 other provisions in this corpus refer back to it. It carries forward IPC 375 (Rape), so the judgments decided under that provision are the case law on this one.
When did Section 63 of the Bharatiya Nyaya Sanhita come into force?
Section 63 of the Bharatiya Nyaya Sanhita, cited as BNS 63, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.