PPC Section 375

375. Rape.

A person A is said to commit “rape” if A__

(a) penetrates his penis, to any extend, into the vagina, mouth, urethra or anus of another person B or makes B to do so with A 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 B or makes B to do so with A or any other person; or

(c) manipulates any part of the body of B so as to cause penetration into the vagina, urethra, anus or any part of body of B or makes B to do so with A or any other person; or

(d) applies his mouth to the vagina, anus, urethra or penis of B or makes B to do so with A or any other person, under the circumstances falling under any of the following seven descriptions,—

• firstly, against B’s will;
• secondly, without B’s consent;
• thirdly, with B’s consent, which has been obtained by putting B or any person in whom B is interested, in fear of death or of hurt;
• fourthly, with B’s consent, when A knows that A is not B’s husband and that B’s consent is given because B believes that A is another man to whom B is or believes herself to be lawfully married;
• fifthly, with B' s consent when at the time of giving such consent, by reason of un-soundness of mind or intoxication or the administration by A personally or through another of any stupefying or un-wholesome substance, B is unable to understand the nature and consequences of that to which B gives consent;
• sixthly, with or without B's consent, when B is under sixteen years of age; or
• seventhly, when B is unable to communicate consent.

Explanation 1.

For the purposes of this section, “vagina” shall also include labia majora.

Explanation 2.— Consent means an un-equivocal voluntary agreement when B by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:

Provided that if B who does not physically resists to the act of penetration, it shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Explanation 3.— In this Chapter,— “person” means male, female or transgender, and “rape” includes “gang rape”.

Explanation 4.— A bonafide medical procedure or intervention shall not constitute rape.