BACK TO SECTIONSAIR 1979 SC 185
Non-BailableCognizable: YesCourt of Session
THE STATUTE
Original Text
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...; 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...; (c) manipulates any part of the body of a woman so as to cause penetration...; (d) applies his mouth to the vagina, anus, urethra of a woman...
Simplified
Section 375 (as amended in 2013) contains the post-Nirbhaya expanded definition of rape. Before 2013, rape was narrowly defined as penile-vaginal penetration — the Nirbhaya case exposed this gap catastrophically. The 2013 reform expanded the definition to include: penile penetration of any orifice (vagina, mouth, urethra, anus), object/body part penetration, manipulation causing penetration, and oral sex. All require the absence of free and voluntary consent. The marital rape exception continues: sexual intercourse by a husband with his wife above 18 is not rape — this exception is being challenged before the Supreme Court as unconstitutional.
Legal Evolution
The 2012 Delhi gang rape triggered the Justice Verma Committee report (2013) which recommended the expanded definition, abolished the two-finger test, and called for removal of the marital rape exception. Parliament adopted most but not all recommendations.
Landmark Precedents
Tukaram v. State of Maharashtra (Mathura Rape Case) (1979)
RELEVANCE
Controversial custodial rape acquittal that galvanised women's rights movement and led to the 1983 IPC amendment — the beginning of a long reform process culminating in the BNS.
Practical Scenarios
"Non-consensual sexual intercourse by force — rape under clause (a)."
"Penetrating a woman with an object against her will — rape under clause (b)."
"Forcing oral sex on a woman — rape under clause (d)."
Common Queries
Fundamentally yes — the pre-2013 definition was limited to penile-vaginal penetration. The 2013 amendment expanded it to include penetration of any orifice, object/body part penetration, and oral sex.
For wives above 18, the marital rape exception means non-consensual sex by a husband is not rape under IPC 375/BNS 63. This exception is being challenged before the Supreme Court.