Home / Legal Explainers / Crimes & Violence / Sexual Violence / Rape

Trigger Warning: This explainer contains information on physical violence and sexual violence which some readers may find disturbing.

Rape

Rape is a crime that occurs when a man has sexual intercourse with a woman without her consent. This explainer sets out the meaning of rape under the law, the law dealing with rape, the meaning of consent, punishments for rape, and the rights of a survivor after the crime.
The law on rape is outlined in the Bharatiya Nyaya Sanhita, 2023 from Sections 63 to 73. The procedure to be followed in the investigation and prosecution of rape cases is given in the Bharatiya Nagarik Suraksha Sanhita, 2023, and evidentiary aspects are covered in the Bharatiya Sakshya Adhiniyam, 2023.

 

FAQs

If my husband and I have been separated through a Court order, and he tries to forcefully have sex with me, can I file a complaint against him?

Can a woman believe that a random man is her husband and give consent for sex? Is this rape?

If someone forcefully removes my clothes is it rape?

I am a reporter, can I publish the name of the survivor in my report?

Can a woman be charged with rape?

I am an 18 year old guy and in a relationship with a girl who is 17 years old. Will it be rape if we have consensual sex?

I have been married for 5 years and my wife is above 18 years old. If I force her to have sex with me, will it lead to rape?