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-
Firstly- 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.
For the purposes of this section, “vagina” shall also include labia majora.
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.
A medical procedure or intervention shall not constitute rape.
Sexual intercourse or sexual acts by a man with his own wife, the wife not being under 18 years of age, is not rape. (15 years changed to 18 years in October 2017)
Rape or consensual sex– Intercourse under promise to marry constitutes rape only if from initial stage accused had no intention to keep promise. An accused can be convicted for rape only if the court reaches the conclusion that the intention of the accused was mala fide and that he had clandestine (hidden) motives.
Deepak Gulati v. State of Haryana, AIR 2013 SC 2071
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