FM 3-13

Chapter V BNS 63.
 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 with him or any other person; or
b) Inserts, to any extent, any object or a part of the body, not being penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
c) Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
d)Applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,
Under the circumstances falling under any of the following descriptions-
i)Against her will.
ii) Without her consent
iii)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.
iv) 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.
v)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 unwholesome substance, she is unable to understand the nature and consequence of that to which she gives consent:
vi) With or without her consent, when she is under eighteen years of age.
vii) When she is unable to communicate consent
Explanations : 1.For the purpose of this section “vagina” shall also include labia majora
2.Consent means an unequivocal voluntary agreement when the woman by words , gestures or any form of verbal or non verbal communication , communicates willingness to participate in the specific sexual act;
Provided that the woman who does not physically resist to the act of penetration shall not by the reason only of the fact, be regarded as consenting to the sexual activity.
Exceptions: 1.A medical procedure or intervention shall not constitute rape
2.Sexual intercourse or sexual acts by a man with his wife, the wife not being under eighteen years of age is not rape. (BNS 67. Marital Rape 2-7 yrs and fine)