IPC 375 vs BNS 63: Rape Definition — Expanded Scope & Marital Rape Exception (2024)

The 2012 Delhi gang rape and murder fundamentally transformed IPC Section 375. The Justice Verma Committee, appointed in the immediate aftermath, submitted its report in 30 days — recommending the expanded definition, removal of the marital rape exception, and prohibition of the two-finger test. Parliament adopted most but not all recommendations. The expanded definition in BNS 63 now covers virtually all forms of sexual penetration — a victim can be a survivor of rape even without penile-vaginal contact. The two-finger test (vaginal examination to determine past sexual history) was declared unconstitutional in Lillu @ Rajesh v. State of Haryana (2013). BNS maintains the same expanded scope while the marital rape controversy awaits Supreme Court resolution.