● Modified in BNS
IPC Section 375 defined rape, including the circumstances that vitiate consent and its exceptions -- Exception 2 excluded intercourse by a man with his own wife if she was 15 or older. BNS Section 63 keeps the same definition, but following the Supreme Court ruling in Independent Thought v. Union of India, the marital exception now applies only where the wife is 18 or older. Punishment is set out separately in BNS Section 64 (formerly IPC 376).
Section 375 IPC defined rape, including the circumstances vitiating consent and its exceptions. Exception 2 excluded sexual intercourse by a man with his own wife not below 15 years of age.
BNS Section 63 retains the definition of rape with the same structure. In line with the Supreme Court ruling in Independent Thought v. Union of India, the marital exception now applies only where the wife is not below 18 years of age.
Definition substantially retained; renumbered to BNS 63 with the marital-exception age raised from 15 to 18 years.
Section 375 itself carries no punishment. Punishment for rape is prescribed separately under Section 376: rigorous imprisonment of not less than 10 years, extendable to life imprisonment, and fine, with a higher minimum for aggravated categories such as the rape of a minor..
IPC 375 is non-bailable, as applied through section 376..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 375 are tried before the Court of Session..
Common defences include disputing that the alleged acts meet the section's definition of penetration or the absence of consent, a reasonable belief that consent existed (including under the marital exception where the wife is 18 or older), and delay or inconsistencies in the complainant's account -- though courts have repeatedly held that delay alone does not defeat an otherwise credible complaint.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons