Consent & Legal Definitions

Consent, rape, and the different forms of sexual assault are clearly defined under Indian law. Below we outline these definitions as recognised by our legal system.

Understanding these laws can help you recognise your rights and make informed choices - whether or not you choose to report the crime or pursue legal action.

Only you can choose the path that feels safest and right for you.

Page Contents:

What is Consent

Definition of Rape

Punishment for Rape

Punishment for Rape in Certain Cases

Punishment for Causing Death or Persistent Vegetative State of Victim

Sexual Intercourse by Husband upon Wife during Separation

Sexual Intercourse by a Person in Authority

Sexual Intercourse by Deceitful Means

Gang Rape

Punishment for Repeat Offenders

Disclosure of Identity of Victims

Printing or Publishing any Matter related to Court Proceedings

Types of Rape

What is Consent?

BNS Section 63

"There are no blurred lines when it comes to consent" - United Nations Women

Consent occurs when everyone involved in a sexual activity willingly agrees to participate. This agreement must be made freely, with each person having the capacity to make their own informed decision.

Legally Speaking

CONSENT means an unequivocal voluntary agreement when the woman by words, gestures, or any form of verbal or non-verbal communication, communicates a 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.

Seven circumstances of Rape

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.

Definition

The Nirbhaya act or Criminal Law (Amendment) Act, 2013 defines CONSENT as the unequivocal voluntary agreement to participate in a sexual act. This means that there needs to be clear expression of willingness to participate. The act further clarifies that the absence of resistance will not imply consent. This means that consent does not have to be spoken and there is no need for her to say no explicitly. Women can show the lack of consent though other ways, such as gestures.

No grey area

Consent is not something that is up for debate, there is no grey area. The partner has to make sure a woman is consenting and they cannot assume it. Consent is not only important for sexual activity that takes place in person, but for any sexual activity that happens online as well. No one has the right to send a woman sexual messages or pictures without her consent. Consent once given does not last forever either; it can be withdrawn at any time. A woman can say yes initially and then say no later.

Marital Rape not recognized in India. However, in India, there is an exception in the case of marital rape. If two people are married, it is assumed that consent is always there, unless the husband and wife are separated, or the wife is under 15 years of age. So, even if the husband forces the wife to participate in any sexual activity, it is not a crime.

Minors (Under 18 years of age) - In India the age for Consent is strictly 18 years and above.

Minors are another exception is in the case of statutory rape. In India, the age of consent is 18. This means that when a girl is under the age of 18, any consent she gives is not taken to be valid. Under the POCSO (The Protection of Children From Sexual Offences) Act 2012, any sexual act involving a person (gender neutral) below the age of 18 is automatically classified as statutory rape, regardless of whether the act was consensual or not, as they are deemed incapable of giving valid consent to sexual activity.

To know more about the POCSO Act, 2012, read here.

Laws apply only to Women & Transgender persons who identify as women in the BNS, but Persons of all genders are protected

According to the BNS, only woman can get sexually assaulted or raped. In case a man has been sexually assaulted or raped, he can file a case under criminal force or assault. Transgender persons who do not identify as a woman have no remedy against sexual harassment or rape under BNS. On the other hand, transgender women do. However, Transgender persons are protected under the Transgender Persons (Protection of Rights) Act, 2019 (TPA), which makes it illegal to abuse any transgender person sexually. Persons of all gender are also protected under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This act was enacted to protect people at the workplace and has policies which are gender neutral.

Definition of Rape

BNS Section 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

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.

BNS vs. IPC - Change (i) Age of Consent: 15 years is replaced by 18 years in BNS. Exception 2 of Section 63 states that “sexual intercourse or acts by a man with his wife, the wife not being under 18 years of age, is not rape”.

Punishment for Rape

BNS Section 64

(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 shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.

(3) 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 Government 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

(i) commits rape, on a woman incapable of giving consent; or

(j) being in a position of control or dominance over a woman, commits rape on such woman; or

(k) commits rape on a woman suffering from mental or physical disability; or

(l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or

(m) 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.

Explanation.—For the purposes of this sub-section,—

(a) “armed forces” means the naval, army and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government;

(b) “hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;

(c) “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861 (5 of 1861);

(d) “women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children.

BNS vs IPC - Change

(ii) Word “military” is replaced with “army”.

A Turning Point in Indian Justice: No More Minimizing Violence & Empathy Is Now a Judicial Responsibility

In a significant ruling on 10 February 2026, the Supreme Court of India has set aside a deeply troubling Allahabad High Court order that had diluted and downgraded rape charges against two accused in a case involving a minor girl. It stated that the High Court had fundamentally misapplied the legal distinction between "preparation" and "attempt" to commit rape. It ruled to restore the original, more serious charges, affirming that violence is not a technicality: When a person takes a direct step toward committing rape, it qualifies as an attempt, not mere preparation.

Further the Supreme Court, in a significant and overdue acknowledgment, responded to concerns about judicial insensitivity in matters of sexual violence. The Court directed the National Judicial Academy to constitute an Expert Committee to develop comprehensive guidelines for inculcating empathy, compassion, and sensitivity into judges and judicial processes when handling cases of sexual offences and other vulnerable cases. The Committee has been asked to ensure these guidelines are written in plain, accessible language and translated where necessary, so that survivors, regardless of linguistic or legal background, can fully understand their rights and the protections available to them.

We at SOAR believe that a judgment is not just a legal outcome. For a survivor, it is a message about whether they will be believed, whether what happened to them will be named truthfully, whether they will be treated with empathy and respect, and whether the system will stand with them or against them. This ruling is a step in the right direction. The work of building a judiciary that leads with empathy and accountability is far from over, but this Court has acknowledged it must begin.

We will continue to track the progress of the expert committee and update our community as guidelines are developed. Please read here for a detailed explanation of this ruling.

Punishment for Rape in Certain Cases

BNS Section 65

(1) 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.

(2) 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 sub-section shall be paid to the victim.

Punishment for causing death or resulting in persistent vegetative state of victim

BNS Section 66

Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 64 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.

Sexual Intercourse by husband upon his wife during separation

BNS Section 67

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 63.

Sexual Intercourse by a person in authority

BNS Section 68

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.

Explanation 1.— In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 63.

Explanation 2.— For the purposes of this section, Explanation 1 to section 63 shall also be applicable.

Explanation 3.—“Superintendent”, in relation to a jail, remand home or other place of custody or a women’s or children’s institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates.

Explanation 4.—The expressions “hospital” and “women’s or children’s institution” shall respectively have the same meanings as in clauses (b) and (d) of the Explanation to sub-section (2) of section 64.

Sexual Intercourse by Employing deceitful means, etc.

BNS Section 69

Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

Explanation.— “deceitful means” shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity.

Gang rape

BNS Section 70

(1) 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 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 sub-section shall be paid to the victim.

(2) Where a woman under eighteen 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 sub-section shall be paid to the victim.

BNS vs IPC - Change

(iii) In 376DB IPC, the age of the victim is 12 years, and the punishment is the death penalty. In 70(2) BNS, the age of the victim is under 18 years, and punishment is the death penalty. Section is included as a subsection in BNS, sans heading.

In a landmark judgment, Raju @ Umakant v. State of M.P., May 2025 SCC OnLine SC 997, the Supreme Court of India reaffirmed justice for survivors of gang rape. The Court clarified that when a group shares a common intention to commit gang rape, it is not necessary to prove that each person physically committed the act of penetration. The involvement of even one member, under shared intent, is sufficient to hold all accountable. This interpretation strengthens the principle of collective responsibility, as outlined in BNS Section 70(2).

Importantly, the Court also denounced the invasive and outdated “two-finger test,” reinforcing the need to safeguard survivor dignity and ensure sensitivity at every stage of the investigation. This ruling marks a critical step toward a more just, survivor-centric legal approach in India.

Punishment for repeat offenders

BNS Section 71

Whoever has been previously convicted of an offence punishable under section 64 or section 65 or section 66 or section 70 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.

Disclosure of identity of victim for certain offences, etc.

BNS Section 72

1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section 71 is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is—

(a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or

(b) by, or with the authorisation in writing of, the victim; or

(c) where the victim is dead or a child or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim: Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.

Explanation.—For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central Government or the State Government.

BNS vs IPC - Change(iv) Word "minor' is replaced by 'child'.

printing or publishing any matter relating to court proceedings without permission

BNS Section 73

Whoever prints or publishes any matter in relation to any proceeding before a Court with respect to an offence referred to in section 72 without the previous permission of such Court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

Explanation.—The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.

types of rape

Rape can occur in many other ways as well, including by strangers or in conjunction with a hate crime. However, it's critical to remember that whatever form of rape occurs, it is always the fault of the rapist and never the fault of the victim.

Diminished Capacity Rape

The type of rape known as diminished capacity rape is committed when one person forces sexual penetration on another person who cannot consent to the sex act. People with diminished capacity can't consent to sexual acts due to limited physical or intellectual ability. An example would be a person with an intellectual disability. Diminished capacity rape also takes place when a person has no ability to consent to sexual acts due to intoxication.

Gang Rape

Gang Rape - refers to a group of people who participate in the rape of a single victim.

Custodial Rape

Custodial rape occurs when someone in a position of authority—often a police officer or state official—rapes an individual in their custody. This issue gained urgent legal attention in 1983 following the landmark Mathura Rape case, which resulted in essential reforms aimed at holding state actors accountable for sexual violence.

Digital Rape

A person commits rape if they insert any object or body part (other than the penis) into a woman’s vagina, urethra, or anus without her consent or manipulates her body to cause such penetration (BNS Section 63). It’s crucial to note that digital rape has nothing to do with the internet, or electronic devices or online crimes, as it primarily pertains to physical sexual assault. The term 'digital' is derived from the word 'digit' (finger/thumb/toe).

Aggravated Rape

Is an offence of rape that is committed when either the victim or that criminal is in a special position. Rape, which results in the death of the victim or her ending up in a permanent vegetative state, and gang rape, is another form of aggravated rape.Aggravated rape is a type of rape defined in the law. Aggravated rape involves: Forced sex acts by the threat of death or serious bodily injury ; Forced sex acts involving an unconscious or drugged victim ; Sex acts with children under the age of 12.

Using Rape Drugs

What is Rape Drug or Date Rape Drugs?

The term "date rape drug" refers to any substance used to incapacitate a person to make sexual assault easier. These substances often have no color, smell, or taste, making them nearly impossible to detect when slipped into a drink. Awareness of this issue is essential, and it is important to consider precautions in social settings. Staying vigilant and informed can help individuals protect themselves and others from potential harm.

Age Related Rape or Statutory Rape

Engaging in sexual intercourse with someone who is under the legal age of consent is a serious offense. The law clearly establishes that minors are incapable of giving valid consent, even if they seem to agree to the act. Sexual acts with a person above the minimum age but below the age of consent may be considered rape

Acquaintance Rape

This type of rape happens between two people that know each other. Often acquaintance rape is known as "date rape" as the two people involved may be in a social relationship at the time. Some victims don't recognize acquaintance rape as rape but it's important to remember that consent for sexual activity can be revoked at any time and a prior relationship does not mean that rape cannot occur.

Marital Rape

Is an act of sexual intercourse by a man with his wife without her consent. It is not a criminal offence under the IPC. Section 375 of the Indian Penal Code considers forced sex in marriages as a crime only when the wife is below age 15. If a couple is married, but living separately, then the ‘marital rape’ exception no longer applies, and the husband can be convicted of rape if there is no consent. The punishment for the husband is imprisonment for a term of between 2-7 years with a fine.

Partner Rape

Also known as spousal rape or marital rape, is a type of rape involving a person's partner or previous partner (no matter whether the partners are married). There are three types of partner rape:

Battering Rape - involving both physical and sexual violence
Force-only Rape – involving the imposition of power and control over another
Obsessive/Sadistic Rape - involving torture and perverse sexual acts

Incest

Is a type of rape dictated by the relationship between the two parties. When the two parties involved in the sex act are closely related (in other words, they are family), it is often rape. Examples of incest include:2 Uncles, Aunts, nieces or nephews. Parents and children. Laws vary by state as to specifically what constitutes incest.

For References, click here.