Section 375 IPC: Definition of Rape, Consent and Exceptions
Section 375 of the Indian Penal Code, 1860 defined rape by identifying specified sexual acts and seven circumstances in which those acts constituted the offence. The provision also defined consent and contained two exceptions.
Acts Covered by Section 375 IPC
Under Section 375, a man was said to commit rape if he committed any of the following acts in one of the seven circumstances specified by the section:
- Penetrated his penis, to any extent, into the vagina, mouth, urethra or anus of a woman, or made her do so with him or another person.
- Inserted, to any extent, an object or a part of the body other than the penis into the vagina, urethra or anus of a woman, or made her do so with him or another person.
- Manipulated any part of a woman's body so as to cause penetration into the vagina, urethra, anus or any part of her body, or made her do so with him or another person.
- Applied his mouth to the vagina, anus or urethra of a woman, or made her do so with him or another person.
Seven Circumstances Under Section 375 IPC
- Against her will.
- Without her consent.
- With consent obtained by putting her, or a person in whom she is interested, in fear of death or hurt.
- With consent where the man knows he is not her husband and she consents because she believes he is another man to whom she is, or believes herself to be, lawfully married.
- With consent where, because of unsoundness of mind, intoxication, or administration of a stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
- With or without consent, when she is under eighteen years of age.
- When she is unable to communicate consent.
Meaning of Consent Under Section 375
Explanation 2: Consent meant an unequivocal voluntary agreement in which the woman, through words, gestures, or verbal or non-verbal communication, communicated willingness to participate in the specific sexual act.
The statutory proviso made clear that the absence of physical resistance, by itself, did not mean that the woman consented to the sexual activity.
Explanation 1: For Section 375, the statutory meaning of "vagina" also included the labia majora.
Exceptions to Section 375 IPC
Exception 1 - Medical procedure or intervention
A medical procedure or intervention did not constitute rape under Section 375.
Exception 2 and the Supreme Court ruling concerning a minor wife
The printed IPC text inserted in 2013 stated a marital exception using a fifteen-year threshold. However, in Independent Thought v. Union of India (2017), the Supreme Court read down Exception 2 insofar as it concerned a minor wife. For the pre-BNS legal position after that judgment, the exception could not protect sexual intercourse or sexual acts with a wife who was under eighteen years of age.
Section 375 and POCSO
Where the person was below eighteen years, the Protection of Children from Sexual Offences Act, 2012 could also be relevant. That Act defines a child as a person below eighteen years and creates a separate child-protection framework. The provisions applicable to a particular case depend on the facts, date of the alleged acts and governing law.
Section 375 Defines the Offence; Section 376 Prescribes Punishment
Section 375 principally defined rape. Punishment was dealt with under Section 376 IPC and its applicable provisions.
Frequently Asked Questions
What acts were covered by Section 375 IPC?
The section covered specified forms of penile penetration, insertion of objects or other body parts, bodily manipulation causing penetration, and specified oral acts, when accompanied by one of the seven statutory circumstances.
Was consent relevant when the woman was under eighteen?
The sixth circumstance expressly applied with or without consent where she was under eighteen years of age.
Does failure to physically resist amount to consent?
No. The statutory proviso stated that absence of physical resistance alone did not establish consent.
Did a medical procedure constitute rape under Section 375?
Exception 1 stated that a medical procedure or intervention did not constitute rape.
What happened to the fifteen-year wording concerning a minor wife?
The Supreme Court in Independent Thought read down Exception 2 so that the marital exception did not apply where the wife was under eighteen years.
This article provides general information on the historical IPC legal position and is not a substitute for legal advice in an individual case.