Section 375 IPC: Rape

Indian Penal Code, 1860

Section 375 IPC at a Glance

Section 375 IPC deals with rape. From 1 July 2024 it is replaced by Section 63 BNS.

Punishment

None. Section 375 IPC is a definition and does not prescribe a sentence of imprisonment. Punishment for rape is provided under Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, and 376E IPC.

BNS Equivalent

Section 63 →

Section 375 IPC Bare Act Text

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.

Source: Section 375, Indian Penal Code, 1860

Section 375 IPC in Simple Words

Section 375 of the Indian Penal Code (IPC) defines the offence of rape. It establishes that a man commits rape if he penetrates his penis into the vagina, mouth, urethra or anus of a woman, inserts an object or body part not being the penis, manipulates any body part to cause penetration, or applies his mouth to specified female body parts, or compels her to do so, under any of seven non-consensual or coercive circumstances. These include acts done against her will, without her consent, or with consent obtained by fear, consent given because she believes the man is her husband when he knows he is not, unsoundness of mind, intoxication, where she is under eighteen years of age, or when unable to communicate consent.

Explanation 2 defines consent as an unequivocal voluntary agreement, clarifying that lack of physical resistance does not mean consent. Exception 1 excludes medical procedures, and Exception 2 excludes sexual acts with a wife not under fifteen years of age. In Independent Thought v Union of India, decided on 11 October 2017, the Supreme Court read down Exception 2 so that it does not apply where the wife is under eighteen.

Section 375 IPC is a defining section and does not prescribe a penalty of its own; punishments are provided under Section 376 and subsequent sections.

Ingredients of Section 375 IPC

  • A man committed any of the four statutory acts of penile penetration, insertion of an object or body part, manipulation causing penetration, or application of mouth to specified female body parts, or compelled a woman to do so
  • The act was done under any of the seven statutory circumstances, including against her will, without her consent, or with consent obtained by putting her or a person of interest in fear of death or hurt
  • Or consent was given because she believed the man to be her husband when he knew he was not, or during intoxication or unsoundness of mind preventing understanding of nature and consequences
  • Or the act was committed with or without consent when the woman was under eighteen years of age, or when she was unable to communicate consent

Punishment Under Section 375 IPC

Imprisonment

None. Section 375 IPC is a definition and does not prescribe a sentence of imprisonment. Punishment for rape is provided under Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, and 376E IPC.

Fine

None under Section 375 IPC. Fines are prescribed under the punishing sections, including Section 376 IPC.

Section 375 IPC defines rape without prescribing a penalty of its own. Sentences of imprisonment and fine are prescribed under Section 376 and associated penal sections of the IPC.

Example of Section 375 IPC

In 2022, in a hotel room in Coimbatore, Harish cornered Deepa, an adult woman to whom he was not married, and demanded sexual intercourse. Deepa verbally refused, though she froze in fear and did not physically resist when Harish pushed her onto the bed. Harish penetrated her vagina with his penis against her will and without her consent. Under Explanation 2, the absence of physical resistance did not amount to consent, and no exception applied. Harish committed rape within Section 375 IPC.

When Section 375 IPC Does Not Apply

  • Section 375 IPC does not apply when none of the four physical acts of penetration, insertion, manipulation, or oral contact listed in clauses (a) to (d) occurred.
  • Section 375 IPC does not apply where an adult woman of sound mind freely communicates her unequivocal voluntary agreement to participate in the specific sexual act.
  • Under Exception 1, Section 375 IPC does not apply to a medical procedure or intervention.
  • Under Exception 2 as enacted, Section 375 IPC does not apply to sexual intercourse or sexual acts by a man with his own wife when she is not under fifteen years of age.

Section 375 IPC in the BNS

Section 375 IPC is now covered under Section 63 BNS.

Section 375 IPC corresponds to Section 63 BNS. In Exception 2, the age of the wife is raised from fifteen to eighteen years in the statutory text, providing that sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. The Supreme Court in Independent Thought v Union of India, decided on 11 October 2017, had previously read down Exception 2 to Section 375 IPC so that it did not apply where the wife was under eighteen. In Section 63 BNS, the seven descriptions are numbered as clauses i to vii instead of First to Seventhly, while the core definition, explanations, and medical exception remain substantively identical.

View detailed comparison (IPC 375 vs BNS 63) →

FAQs on Section 375 IPC

What does Section 375 IPC define?▼

Section 375 IPC defines the offence of rape by setting out the specific physical acts and the non-consensual or coercive circumstances under which a man is said to commit rape.

What acts constitute rape under Section 375 IPC?▼

Section 375 IPC covers penile penetration, insertion of an object or body part, manipulation causing penetration, or application of mouth to specified female body parts, or compelling a woman to do so.

Under Section 375 IPC, under what circumstances does sexual intercourse constitute rape?▼

The section enumerates seven circumstances: against her will, without consent, with consent obtained by fear of death or hurt, because she believes the man is her husband when he knows he is not, during intoxication or unsoundness of mind, when the victim is under eighteen, or when unable to communicate consent.

How is consent defined under Section 375 IPC?▼

Explanation 2 defines consent as an unequivocal voluntary agreement communicated through words, gestures, or other verbal or non-verbal conduct. The proviso clarifies that absence of physical resistance does not by itself establish consent.

What is Exception 1 to Section 375 IPC?▼

Exception 1 provides that a medical procedure or intervention does not constitute rape.

What was Exception 2 to Section 375 IPC?▼

Exception 2 stated that sexual acts by a man with his own wife, the wife not being under fifteen years of age, was not rape. In Independent Thought v Union of India, the Supreme Court ruled that the exception does not apply where the wife is below eighteen years of age.

Does Section 375 IPC prescribe a punishment?▼

No; Section 375 IPC is solely a defining section. Sentences of imprisonment and fine are prescribed under Section 376 and connected penal sections.

Is Section 375 IPC bailable or cognizable?▼

Section 375 IPC contains no classification entry in the First Schedule to the CrPC because it is a definition. Procedural classifications attach to the punishing provisions such as Section 376 IPC.

Which section corresponds to Section 375 IPC in the Bharatiya Nyaya Sanhita?▼

Section 63 BNS is the corresponding definition in the Bharatiya Nyaya Sanhita.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·