A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following 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.
Fifthly — 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.
Sixthly — With or without her consent, when she is under sixteen years of age.
Explanation — Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception — Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
Union Territory of Manipur:
(a) in clause sixthly, for the word "sixteen" substitute the word "fourteen"; and
(b) in the Exception, for the word "fifteen" substitute the word "thirteen".
Vide Act 30 of 1950.
IPC, Section 375 – IPC, Section 90 - "Consent" - Section 90 though does not define "con-sent", but describes what is not "consent" - Consent may be express or implied, coerced or misguided, obtained willingly or through deceit - "Consent" is also stated to be an act of reason coupled with deliberation - It denotes an active will in mind of a person to permit the doing of the act complained of - An inference as to consent can be drawn if only based on evidence or probabilities of the case - If the consent is given by the complainant under misconception of fact, it is vitiated - Consent for the purpose of Section 375 requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act, but also after having fully exercised the choice between resistance and assent - Whether there was any consent or not is to be ascertained only on a careful study of all relevant circumstances. (2018)2 SCeJ 1918
IPC, Section 375 – Rape - The expression "against her 'will'" means that the act must have been done in spite of the opposition of the woman - An inference as to consent can be drawn if only based on evidence or probabilities of the case - "Consent" is also stated to be an act of reason coupled with deliberation - It denotes an active will in mind of a person to permit the doing of the act complained of. (2018)2 SCeJ 1918