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What amounts to rape

A man is said to commit rape who has sexual intercourse with a woman,

  • against her will, or
  • without her consent, or
  • with her consent when her consent has been obtained by putting her in fear of death or of hurt, or

  • 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 lawfully married, or
  • with her consent, when at the time of such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or though another of any stupefying or unwholesome substance she is unable to understand the nature and consequence of that to which she gives consent.
  • with or without her consent when she is under sixteen years of age.

However there are certain exceptions:

  • Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
  • Indecent assault upon a woman does not amount to an attempt to commit rape unless the court is satisfied that the accused was determined to gratify his passions at all events, and in spite of all resistance.


Whoever commits rape shall be punished with imprisonment which shall not be less than seven years, or for a term which may extend to ten years, and shall also be liable to fine. Where the rape is committed in custody, or on a pregnant woman, or a woman under twelve years of age, or gang rape, the imprisonment shall not be less than of ten years.

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