Defines rape: sexual intercourse with a woman against her will, without her consent, or where consent was obtained through fear, fraud, or misrepresentation of identity, among other listed circumstances — including where the woman is under 18 (consent is not a defence in that case regardless of apparent willingness).
- The definition explicitly lists multiple circumstances that negate genuine consent — fear, coercion, unsoundness of mind or intoxication, and impersonation, among others.
This is the foundational definition; the punishment provisions (ordinary, aggravated, and gang rape) build on top of it.
Keep exploring
Punishment for Rape, Including of a Minor
The severity of the minimum sentence itself signals how seriously the law treats offences against minors specifically — this sits alongside the POCSO Act, which also applies to offences against children.
Gang Rape
The law deliberately does not let group involvement reduce individual responsibility — each person in the group is treated as if they alone committed the offence.
This is a plain-English summary, not verbatim statutory text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the bare Act (legislative.gov.in) or a qualified advocate before relying on this for an actual legal situation.