5 [375. 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:—
First.—Against her will.
Secondly.—Without her consent.
Thirdly.—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.
Fourthly.—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.

Fifthly.—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.
Sixthly.—With or without her consent, when she is under eighteen years of
age.
Seventhly.—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 fifteen years of age, is not rape.

376. Punishment for rape.—(1) Whoever, except in the cases provided for
in sub-section (2), commits rape, shall be punished with rigorous
imprisonment of either description for a term which 1 [shall not be less
than ten years, but which may extend to imprisonment for life, and shall
also be liable to fine].
(2) Whoever,— (a) being a police officer, commits rape—
(i) within the limits of the police station to which such police officer is
appointed; or
(ii) in the premises of any station house; or
(iii) on a woman in such police officer's custody or in the custody of a police
officer subordinate to such police officer; or
(b) being a public servant, commits rape on a woman in such public
servant's custody or in the custody of a public servant subordinate to such
public servant; or
(c) being a member of the armed forces deployed in an area by the Central
or a State Government commits rape in such area; or
(d) being on the management or on the staff of a jail, remand home or
other place of custody established by or under any law for the time being in
force or of a women's or children's institution, commits rape on any inmate
of such jail, remand home, place or institution; or
(e) being on the management or on the staff of a hospital, commits rape on
a woman in that hospital; or
(f) being a relative, guardian or teacher of, or a person in a position of trust
or authority towards the woman, commits rape on such woman; or
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing her to be pregnant; or 2 * * * * *
(j) commits rape, on a woman incapable of giving consent; or
(k) being in a position of control or dominance over a woman, commits
rape on such woman; or
(l) commits rape on a woman suffering from mental or physical disability; or
(m) while committing rape causes grievous bodily harm or maims or
disfigures or endangers the life of a woman; or
(n) commits rape repeatedly on the same woman, shall be punished with
rigorous imprisonment for a term which shall not be less than ten years,
but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person's natural life, and shall also
be liable to fine.

[(3) Whoever, commits rape on a woman under sixteen years of age shall
be punished with rigorous imprisonment for a term which shall not be less
than twenty years, but which may extend to imprisonment for life, which
shall mean imprisonment for the remainder of that person's natural life,
and shall also be liable to fine:
Provided that such fine shall be just and reasonable to meet the medical
expenses and rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid
to the victim.]

376A. Punishment for causing death or resulting in persistent vegetative

state of victim.— Whoever, commits an offence punishable under sub-
section (1) or sub-section (2) of section 376 and in the course of such
commission inflicts an injury which causes the death of the woman or
causes the woman to be in a persistent vegetative state, shall be punished
with rigorous imprisonment for a term which shall not be less than twenty
years, but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person's natural life, or with death.

2 [376AB. Punishment for rape on woman under twelve years of age.—

Whoever, commits rape on a woman under twelve years of age shall be
punished with rigorous imprisonment for a term which shall not be less
than twenty years, but which may extend to imprisonment for life, which
shall mean imprisonment for the remainder of that person's natural life,
and with fine or with death: Provided that such fine shall be just and
reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to
the victim.]

376B. Sexual intercourse by husband upon his wife during separation.—

Whoever has sexual intercourse with his own wife, who is living separately,
whether under a decree of separation or otherwise, without her consent,
shall be punished with imprisonment of either description for a term which
shall not be less than two years but which may extend to seven years, and
shall also be liable to fine.

Explanation.—In this section, “sexual intercourse” shall mean any of the

acts mentioned in clauses (a) to (d) of section 375.
376C. Sexual intercourse by a person in authority.—Whoever, being—
(a) in a position of authority or in a fiduciary relationship; or
(b) a public servant; or
(c) superintendent or manager of a jail, remand home or other place of
custody established by or under any law for the time being in force, or a
women's or children's institution; or
(d) on the management of a hospital or being on the staff of a hospital,
abuses such position or fiduciary relationship to induce or seduce any
woman either in his custody or under his charge or present in the premises
to have sexual intercourse with him, such sexual intercourse not amounting
to the offence of rape, shall be punished with rigorous imprisonment of
either description for a term which shall not be less than five years, but
which may extend to ten years, and shall also be liable to fine.
376D. Gang rape.—Where a woman is raped by one or more persons
constituting a group or acting in furtherance of a common intention, each
of those persons shall be deemed to have committed the offence of rape
and shall be punished with rigorous imprisonment for a term which shall
not be less than twenty years, but which may extend to life which shall
mean imprisonment for the remainder of that person's natural life, and
with fine:
Provided that such fine shall be just and reasonable to meet the medical
expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to
the victim.

[376DA. Punishment for gang rape on woman under sixteen years of age.
—Where a woman under sixteen years of age is raped by one or more
persons constituting a group or acting in furtherance of a common
intention, each of those persons shall be deemed to have committed the
offence of rape and shall be punished with imprisonment for life, which
shall mean imprisonment for the remainder of that person's natural life,
and with fine:
Provided that such fine shall be just and reasonable to meet the medical
expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to
the victim.

376DB. Punishment for gang rape on woman under twelve years of age.—
Where a woman under twelve years of age is raped by one or more persons
constituting a group or acting in furtherance of a common intention, each
of those persons shall be deemed to have committed the offence of rape
and shall be punished with imprisonment for life, which shall mean
imprisonment for the remainder of that person's natural life, and with fine,
or with death:
 Provided that such fine shall be just and reasonable to meet the
medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to
the victim.]

376E. Punishment for repeat offenders.—Whoever has been previously

convicted of an offence punishable under section 376 or section 376A or 1
[section 376AB or section 376D or section 376DA or section 376DB,] and is
subsequently convicted of an offence punishable under any of the said
sections shall be punished with imprisonment for life which shall mean
imprisonment for the remainder of that person's natural life, or with
death.]]

Of Unnatural Offences

377. Unnatural offences.—Whoever voluntarily has carnal intercourse

against the order of nature with any man, woman or animal, shall be
punished with 2 [imprisonment for life], or with imprisonment of either
description for a term which may extend to ten years, and shall also be
liable to fine. Explanation.—Penetration is sufficient to constitute the carnal
intercourse necessary to the offence described in this section.