IPC §375BNS §63

Rape

Substantively sameConfidence: mediumStatus: cross checkedconsolidation context(observed)unclear authority(precautionary)
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Text verified against official sources where indicated. Field-level labels (AI-indicated / AI-inferred / Text-verified) apply per edge metadata. Verify current bail/cognizable status against official sources before relying on procedural claims. Last updated: 2026-04-28.

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Comparison

Old law
IPC §375
Rape

375. Rape.—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:— First.—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.

New law
BNS §63
Rape

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:— (i) against her will; (ii) without her consent; (iii) 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; (iv) 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; (v) 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; (vi) with or without her consent, when she is under eighteen years of age; (vii) when she is unable to communicate consent.

What changedAI-inferred

IPC 375 preserved character-identically as BNS 63 with cross-chapter relocation. Marital rape exception (Exception 2) preserved with under-18 threshold per Independent Thought (2017). The pending constitutional challenge to the marital-rape exception is for the Supreme Court to decide.

Old position

IPC Section 375 is concerned with Rape.

New position

The successor provision is BNS 63 (Rape). Relationship: substantively_same. See the change-note for the operative delta.

Editorial deltaAI-indicated (source-linked)

IPC 375 preserved character-identically as BNS 63 with cross-chapter relocation. Marital rape exception (Exception 2) preserved with under-18 threshold per Independent Thought (2017). The pending constitutional challenge to the marital-rape exception is for the Supreme Court to decide.

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, IPC 375 continues to apply. For matters from that date forward, BNS 63 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358); pending proceedings under the old code carry forward in their existing frame.

Frequently asked

BNS 63. The relationship is classified as substantively_same. See the change-note above for the textual delta.

Cite this page

Newlaws.in, IPC §375 → BNS §63 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/375.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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