Section 63 BNS – Section 63 of New Bharatiya Nyaya Sanhita

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by

Sudhir Rao, Advocate at Supreme Court of India
in

Section 63 BNS or Section 63 of Bharatiya Nyaya Sanhita talks about “Rape“

Section 63 of BNS is part of CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD in Bharatiya Nyaya Sanhita 2023 Act

Definition of Section 63 BNS

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.

FAQs

What offence is defined under BNS 63 ?

Section BNS – Rape

Section 63 of BNS is similar to which section of IPC?

IPC Section Not Found is similar to Section 63 BNS

Section 63 of BNS is Part of which chapter in Bharatiya Nyaya Sanhita 2023 ?

Section 63 of BNS is part of CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD in Bharatiya Nyaya Sanhita 2023 Act

Other Section of BNS

CHAPTER I
PRELIMINARY
CHAPTER II
OF PUNISHMENTS
CHAPTER III
GENERAL EXCEPTIONS
CHAPTER IV
OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT Of Abetment
CHAPTER V
OF OFFENCES AGAINST WOMAN AND CHILDREN Of Sexual offences
CHAPTER VI
OF OFFENCES AFFECTING THE HUMAN BODY Of offences affecting life
CHAPTER VII
OF OFFENCES AGAINST THE STATE
CHAPTER VIII
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
CHAPTER IX
OF OFFENCES RELATING TO ELECTIONS
CHAPTER X
OF OFFENCES RELATING TO COIN, CURRENCY NOTES, BANK NOTES, AND GOVERNMENT STAMPS
CHAPTER XI
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
CHAPTER XII
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
CHAPTER XIII
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
CHAPTER XIV
OF FALSE EVIDENCEAND OFFENCES AGAINST PUBLIC JUSTICE
CHAPTER XV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
CHAPTER XVI
OF OFFENCES RELATING TO RELIGION
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
CHAPTER XVIII
OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
CHAPTER XIX
OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC

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