| Rape is the fourth most common crime against Women in India. Almost 93 |
| women are being raped everyday in India. More than 68000 rape cases |
| were reported in year 2009 and 2011, but only 16,000 have been |
| convicted. In 2013, more than 12% rape crimes were committed on |
| children. In 94% of rapes committed against minors, the accused is known |
| to the victim in some way- parents, neighbours, relatives or other known |
| people.According to NCRB 2019 statistics, Rajasthan [ 5] reported the |
| highest number of rapes among Indian states.Among metropolitan cities, |
| the national capital of Delhi continued to have the highest incidence of rape |
| at 1253 cases in 2019,[22 ] [23] while Jaipur had the highest rape rate (per |
| 100,000 population). |
| Definition of Rape in Indian Penal Code |
| Before 3 February 2013, Section 375 of the Indian Penal Code defined |
| rape as: [27 ] |
| §375. Rape. A man is said to commit “rape” who, except case hereinafter |
| excepted, has sexual intercourse [28 ] with a woman in circumstances falling |
| under any of the six following 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 sixteen [29 ] years |
| of age. |
| Explanation. –– Penetration is sufficient to constitute the sexual intercourse |
| necessary to the offence of rape. |
| Exception. –– Sexual intercourse by a man with his own wife, the wife not |
| being under fifteen years of age, is not rape. |
| After 3 February 2013, the definition was revised through the Criminal Law |
| (Amendment) Act 2013, which also raised the legal age of minor to |
| eighteen. [30 ] |
| §375. 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. |
| 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. Exceptions –– 1. A medical procedure or |
| intervention shall not constitute rape; 2. Sexual intercourse or sexual acts |