BNS Section 63 : Rape law

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Introduction of BNS Section 63

BNS Section 63 is a part of the Bharatiya Nyaya Sanhita that defines and outlines the crime of rape. It explains what actions are considered rape, under what conditions these actions become criminal, and also includes certain exceptions where the actions may not be considered rape.

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The Bharatiya Nyaya Sanhita (BNS) Section 63 replaces the old Indian Penal Code (IPC) Section 375.

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What is BNS Section 63?

BNS Section 63 defines and explains the crime of rape. It covers various actions that are considered rape and lays down the legal implications, including specific punishments for each type of offense. The section is designed to protect the dignity and bodily integrity of individuals, especially women, from sexual offenses.

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Defination of rape under BNS 63

BNSS Section 63 lays down the comprehensive definition of rape and the punishments for it. It broadens the scope of what counts as rape, emphasizes consent as the central element, and prescribes strict penalties to protect women and minors from sexual violence.

1. Definition of Rape

Section 63 defines rape as any non-consensual sexual act where a man forces or manipulates a woman into sexual intercourse. This includes penetration of the vagina, mouth, urethra, or anus, whether by the penis, an object, or any part of the body.

2. Different Forms of Rape

The law goes beyond traditional definitions and recognizes various forms of sexual assault, such as:

• Penile penetration of vagina, mouth, urethra, or anus.
• Insertion of objects or other body parts into these areas.
• Manipulation of the body to cause penetration.
• Oral sex carried out under force or coercion.
  This ensures that no form of forced sexual assault goes unpunished.

3. Consent

Consent is the core requirement for lawful sexual activity. It must be:

• Freely and voluntarily given.
• Informed and clear—silence or lack of resistance is not consent.
  If consent is obtained by threat, fear, fraud, impersonation, intoxication, or when the woman is unable to understand, it is invalid.

4. Special Cases

Certain situations are treated with higher severity, such as:

• Rape of minors (below 18 years of age).
• Rape by impersonation (pretending to be the woman’s husband or another known person).
• Rape of women who are incapacitated or unable to consent (due to intoxication, unconsciousness, or disability).

5. Exemptions

The law also provides specific exemptions, such as:

• Marital relations: Sexual acts between a husband and wife are not considered rape if the wife is over 18 years old.
• Medical procedures: Penetration during legitimate medical treatments is not rape.
  These ensure that lawful, consensual, and necessary acts are not wrongfully criminalized.

6. Punishment

The punishment depends on the nature of the crime:

• For general rape: minimum of 7 years imprisonment, which may extend to life imprisonment, plus fine.
• For aggravated cases (rape of minors, gang rape, custodial rape): stricter punishments, including a minimum of 10 years or life imprisonment.

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BNS Section 63(a) – Core Definition of Rape

BNSS Section 63(a) lays down the primary definition of rape, focusing on penetrative sexual assault without consent. It makes clear that any such act done against a woman’s will or without her free consent is a criminal offence, carrying severe punishment.

1. Type of Assault

Rape includes penetration of the penis into a woman’s vagina, mouth, urethra, or anus, or causing her to do so with him or someone else, without her consent.

2. Against Will

If this act is done against the woman’s will or without her voluntary, informed consent, it is classified as rape. Consent must always be clear, free, and voluntary.

3. Punishment

The offender faces a minimum of 7 years of imprisonment, which can extend to life imprisonment, along with a possible fine, depending on the seriousness of the case.

4. Cognizable and Non-Bailable

The offence is cognizable (police can arrest without a warrant) and non-bailable (bail is very difficult), reflecting the seriousness of the crime.

5. Tried in Sessions Court

Since rape is one of the gravest offences, cases under Section 63(a) are tried in the Sessions Court, which handles major criminal trials.

5. Tried in Sessions Court

There are no exemptions under this clause—rape in this form is always a punishable offence if done without consent or against the woman’s will.

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BNS Section 63(b) – Rape by Deception

BNSS Section 63(b) makes it clear that if a man obtains a woman’s consent for sexual intercourse by deceiving her into believing he is someone else (such as her husband), that consent is not valid, and the act is legally considered rape.

1. Type of Assault

This applies when a man pretends to be another person, like the woman’s husband, and deceives her into giving consent for sexual intercourse.

2. Invalid Consent

Consent given under false pretenses or mistaken identity is not legally valid. The law treats it as if no consent was given at all.

3. Punishment

The offender faces the same punishment as in Section 63(a): a minimum of 7 years imprisonment, which may extend to life imprisonment, plus a fine.

4. Cognizable and Non-Bailable

The offence is cognizable (police can arrest without a warrant) and non-bailable, meaning bail is very difficult to obtain.

5. Tried in Sessions Court

Cases under this clause are treated as serious offences and are tried in the Sessions Court, which handles grave criminal matters.

6. No Exemption

There are no exceptions for deception-based consent. The law strictly punishes such acts to protect women from being exploited through fraud or impersonation.

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BNS Section 63(c) – Rape of Minors

BNSS Section 63(c) provides special protection for minors by making it absolutely clear that any sexual act with a girl under 18 years of age is classified as rape, irrespective of consent. This ensures that children are fully protected by law.

1. Type of Assault

Any sexual act with a girl below 18 years is automatically considered rape, no matter whether she appeared to agree or not.

2. Strict Punishment

The law prescribes a minimum punishment of 10 years imprisonment, which can extend to life imprisonment, depending on the case.

3. Fine Imposed

Along with imprisonment, the offender must also pay a fine, reinforcing the seriousness of the crime.

4. Cognizable and Non-Bailable

The offence is cognizable, meaning police can arrest without a warrant, and it is non-bailable, making it very difficult for the accused to get bail.

5. Tried in Sessions Court

Such cases are treated with the highest seriousness and are tried in a Sessions Court, which handles major criminal cases.

6. No Consent Valid

The law does not recognize the consent of a minor. This means even if a girl under 18 says “yes,” it has no legal value, and the act is punishable as rape.

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BNSS Section 63(d) – Exceptions to Rape

BNSS Section 63(d) provides certain exemptions to the definition of rape, making it clear that not every penetrative act falls under the offence. These exemptions are meant to avoid misuse of the law and to respect marital relations and medical practices.

1. Marital Exception

Sexual intercourse between a husband and wife is not considered rape if the wife is over 18 years of age. This recognizes marital consent in adult relationships.

2. Medical Procedures

Penetration carried out during legitimate medical procedures (such as gynecological exams or surgeries) is not treated as rape. These are done for health reasons, not sexual intent.

3. No Punishment

Since these acts are exempted from the definition of rape, there is no punishment associated with them. The law separates lawful and consensual acts from criminal ones.

4. Legal Clarification

This section gives clarity in law by specifying what does not qualify as rape. It prevents confusion in courts and ensures certain acts are not wrongfully prosecuted.

5. Applicability and Protection of Rights

These exemptions apply only under specific circumstances (marriage with an adult wife, or legitimate medical treatment). They balance the law by protecting rights within marriage and shielding medical professionals from false accusations.

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Section 63 of Bharatiya Nyaya Sanhita

BNSS Section 63 redefines the law on rape in a more comprehensive, clear, and victim-centric way. It ensures that all major forms of non-consensual sexual activity are recognized and criminalized. The section reflects modern legal thinking by emphasizing consent, child protection, and severe punishments for offenders.

1. Comprehensive Definition of Rape

Section 63 broadens the definition of rape to cover various penetrative sexual acts, not just traditional intercourse. It recognizes that sexual assault can take many forms, and each one can deeply violate a victim’s dignity. This expansion prevents offenders from escaping liability due to narrow definitions.

2. Importance of Consent

Consent is the heart of this section. The law defines it as a voluntary, clear, and informed agreement to participate in sexual activity. Any sexual act without free consent—or when consent is obtained through force, threat, intoxication, deception, or when the woman is incapable of giving consent—is classified as rape.

3. Specificity in Legal Terminology

The section uses precise legal language to avoid ambiguity. It clearly defines terms such as “penetration,” “consent,” and “vagina.” By doing so, it ensures there is no confusion in courts about what qualifies as rape. Even the slightest penetration is legally recognized as sufficient to constitute the offence.

4. Protection of Women’s Rights

The primary aim of this law is to protect women from sexual violence and safeguard their fundamental rights. It acknowledges the severe trauma victims suffer and ensures that legal remedies are accessible, firm, and just.

5. Severe Penalties for Rape

Rape is treated as one of the gravest crimes under BNSS. The punishment starts at a minimum of 7 years imprisonment, which may extend to life imprisonment, along with fines. In aggravated cases (like rape of minors), the minimum sentence is even higher.

6. Non-Bailable and Cognizable Offense

Rape under Section 63 is cognizable (police can arrest without a warrant) and non-bailable (the accused cannot easily secure bail). This ensures swift investigation and prevents the accused from evading justice.

7. Different Scenarios of Rape

The law covers different situations beyond physical force:

• Rape by deception (pretending to be another person to obtain consent).
• Rape of minors (where consent does not matter).
• Exploitation through intoxication, threats, or coercion.
  This makes the law adaptable to real-life complexities.

8. Protection Against Deception (Section 63(b))

If a man deceives a woman into believing he is someone else and obtains her consent, the consent is invalid. Even though she technically “agreed,” the law treats it as rape because the consent was obtained through fraud.

9. Rape of Minors (Section 63(c))

This subsection gives absolute protection to children under 18 years of age. Any sexual act with a girl below 18 is automatically classified as rape, regardless of her consent. The punishment is severe: a minimum of 10 years imprisonment, which may extend to life, along with fines.

10. Marital Exemption and Medical Procedures (Section 63(d))

The law provides clarity by excluding:

• Consensual marital relations where the wife is over 18.
• Legitimate medical procedures, such as necessary gynecological treatments.
  This ensures that lawful marital relations and ethical medical practices are not mistakenly criminalized.

11. Focus on Child Protection

Children are given special protection under this law. The idea is that consent from minors is legally invalid, because they are not mature enough to make such decisions. This creates an absolute safeguard for all children under 18.

12. Respect for Marital Relations and Medical Ethics

By specifically excluding consensual marital acts (with adult wives) and legitimate medical procedures, the law balances protection with practicality, ensuring that families and medical professionals are not unfairly targeted.

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BNS 63 Punishment

Imprisonment: The minimum punishment for rape under BNS Section 63 is 7 years of imprisonment, which can extend to life imprisonment depending on the severity of the offense.

Fine: In addition to imprisonment, the offender is also required to pay a fine, which varies based on the circumstances of the case and the gravity of the offense.

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BNS 63 bailable or not ?

Non-Bailable: BNS Section 63 is a non-bailable offense, meaning the accused cannot easily secure bail. The seriousness of the crime makes it difficult for the accused to be released on bail before the trial.

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Bharatiya Nyaya Sanhita Section 63

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Comparison: BNS Section 63 vs IPC Section 375

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BNS Section 62 FAQs

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Conclusion

BNS Section 63 makes the law on rape stricter and clearer than before. It highlights consent, protects minors, recognizes rape by deception, and ensures strong punishments. At the same time, it avoids misuse by exempting consensual marital relations (wife above 18) and legitimate medical procedures.

This section is a strong step towards protecting women and children from sexual violence while balancing legal clarity and fairness.

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Finished with BNS 63 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• BNS Section 64 : Punishment for rape .
• https://marriagesolution.in/bns_section/bns-section-64/
• BNS Section 65 : Punishment for rape in certain cases.
• https://marriagesolution.in/bns_section/section-65-bns/
• BNS Section 66 : Punishment for causing death or resulting in persistent vegetative state of victim
• https://marriagesolution.in/bns_section/bns-66/
• BNS Section 67 : Sexual intercourse by husband upon his wife during separation or by a person in authority.
• https://marriagesolution.in/bns_section/bns-67/
• BNS Section 68 : Sexual intercourse by a person in authority.
• https://marriagesolution.in/bns_section/bns-68/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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