The definition of “rape” & it’s punishment has been re-enacted by [The

CRIMINAL LAW (AMENDMENT) ACT, 2013] as follows —

375. Rape. —

(1) Any man (A) who —

(a) penetrates, with A’s penis, the vagina, or urethrae of a woman (B); or

(b) penetrates, with A’s penis, the anus, or mouth of another person (B);

under any circumstances falling under subsection (3) is said to commit “rape”.

(2) Any person (A) who —

(a) penetrates, with a part of A’s body (not being the penis if A is a man), or with any
object, the vagina, or urethrae of a woman (B), or

(b) penetrates, with a part of A’s body (not being the penis if A is a man), or with any
object, the anus of another person (B); or

(c) causes a man (B) to penetrate, with B’s penis, the anus or mouth of A or of any other
person (C); or

(d) causes a man (B) to penetrate, with B’s penis, the vagina, or urethrae of any other
woman (C); or

(e) causes another person (B) to penetrate, with a part of B’s body, or with any object, the
vagina, or urethrae of any other woman (C); or

(f) causes another person (B) to penetrate, with a part of B’s body, or with any object, the
anus of A or of any other person (C);

under any circumstances falling under subsection (3) is said to commit “rape”.

(3) Any woman (A), who causes a person (B) to penetrate, with B’s penis (if B is a man),
or with a part of B’s body, or with any object, the vagina, or urethrae of A under any
circumstances falling under subsection (3) is said to commit “rape”.
 (4) Any act of sexual penetration mentioned under subsections (1), (2) & (3) which is
performed or obtained under the circumstances which fall under any of the following
7 descriptions shall be considered as “rape”: —

(a) Against B’s will.

(b) Against B’s consent.

(c) With B’s consent, when B’s consent has been obtained by putting B or any person in
whom B is interested, in fear of death or of hurt.

(d) With B’s consent, when A knows that A is not B’s spouse and that B’s consent is given
because B believes that A is another person to whom B is or believes to be lawfully
married.

(e) With B’s consent when, at the time of giving such consent, by reason of unsoundness
of mind or intoxication or the administration by A personally or through another of
any stupefying or unwholesome substance, B is unable to understand the nature and
consequences of that to which B gives consent.

(f) With or without B’s consent, when B is under 15 years of age.

(g) When B is unable to communicate consent.

Explanation 1: Consent means an unequivocal voluntary agreement when a person by words,

gestures, or any form of verbal or non-verbal communication, communicates willingness to
participate in a specific sexual act.

Explanation 2: Provided that a person who does not physically resist to any act of sexual
penetration shall not by the reason only of that fact, be regarded as consenting to the sexual
activity.

Explanation 3: Provided that a person whose genitilia was sexually stimulated, or appears to
be sexually stimulated before, or during the sexual penetration shall not by the reason only of
that fact, be regarded as consenting to the sexual activity.

Explanation 4: For the purposes of this section, a “man” is defined as a human being which
has a penis, whether a biological or a surgically constructed one & irrespective of whether
they identify themselves as a “man” or not. A “woman” is defined as a human being which
has a vagina and/or urethrae, whether a biological or a surgically constructed one &
irrespective of whether they identify themselves as a “woman” or not.

Exception: Sexual intercourse or sexual acts by a person with their own spouse, the spouse
not being under 16 years of age, is not rape unless —

(a) They’re living apart from each other under a judgment or decree of judicial
separation; or

(b) Their spouse was living apart from them and proceedings have been commenced for
divorce, nullity or judicial separation, and such proceedings have not been terminated
or have been concluded.

376. Punishment for rape. —

(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be
punished with rigorous imprisonment of either description for a term which 3[shall
not be less than 10 years, but which may extend to 20 years, and shall also be liable to
fine].

(2) Whoever —

(a) Is a repeat offender; or

(b) Commits gang rape; or

(c) Causes the death of the victim before, while, or after committing rape; or

(d) Causes hurt, or grievous hurt to the victim before, while, or after committing rape;
or

(e) commits rape repeatedly on the same person; or

(f) puts the victim in fear of hurt, grievous hurt, or death or to any person whom the
victim is interested in; or

(g) rapes a minor;

shall be punished with a term of imprisonment which [shall not be less than 20 years, but
which may extend to imprisonment for life].