LAW OF CRIMES - 2

DRAFT OF SECTION 375

RAPE – 375

Section 375 IPC is defined as: Any individual is said to commit ‘rape’ if an
individual/he/she-

(a) penetrates his/her/their genital or any object, to any extent, into the genital, mouth,
urethra or anus of any other individual or makes that individual to do so with them or
any other person; or

(b) Penetrates or inserts, to any object or part of the body, not being the penis or vagina,
into the vagina, anus, penis or anus of the victim, or makes the victim to do so with the
individual or any other person; or

(c) Manipulates any part of the body of the victim so as to cause penetration or insertion
into the vagina, penis, or any part of body or makes the victim to do so with the
individual or any other person.

(d) Applies his/her/their mouth to the penis, vagina, anus of the victim or makes the
victim to do so with the individual or any other person,

under the circumstances falling under any of the following seven descriptions: -

• First -Against the victim’s will.

• Secondly -Without the victim’s consent.

• Thirdly - With the victims’ consent, when the consent has been obtained by putting the
victim or any person in whom the victim is interested or related, in fear of death or of
hurt.

• Fourthly -With the victims’ consent, when the individual knows that he\she\they is not
the victim’s spouse and that the consent is given because the victim believes that
he\she\they is another person to whom the victim is or believes to be lawfully married.
 • Fifthly - With the victims’ consent when, at the time of giving such consent, by reason
of unsoundness of mind or intoxication or the administration by the individual
personally or through another of any stupefying or unwholesome substance, the victim
is unable to understand the nature and consequences of that to which the victim gives
consent.

• Sixthly -With or without the victims’ consent, when the victim is under eighteen years
of age.

• Seventhly -When the victim is unable to communicate consent.

Explanation 1- For the purposes of this section, "vagina" shall also include labia majora and
“penis” shall include scrotum or testicles.

Explanation 2 - Consent means an unequivocal, voluntary and affirmative agreement when

the victim by words, gestures or any form of verbal or non-verbal communication,
communicates a willingness to participate in the specific sexual act:
Provided that the victim who does not physically resist to the act of penetration or insertion
shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Explanation 3 - Consent, as explained in Explanation 2, can be revoked or taken back at any

point after the initial agreement to consent or during the consented sexual act.

Explanation 4 - sexual intercourse or sexual act by an individual with their spouse also shall
constitute rape

Exception - A medical procedure or intervention shall not constitute rape.