Section 219: Prohibition of committing rape

1) No one shall commit rape.

2) Where a man has sexual intercourse with a woman without her consent or with a girl child below eighteen years of age, even with her consent, the man shall be considered to have committed rape on such woman or girl child.

Explanation:  For the purposes of this Chapter, –

(a) Consent obtained by way of coercion, undue influence, intimidation, threat, misrepresentation, or kidnapping or taking of hostage shall not be considered to be consent,

(b) Consent obtained at the time of being of unsoundness of mind shall not be considered to be consent,

(c) The penetration of the penis into the anus or mouth, penetration of the penis, to any extent, into the anus, mouth or vagina, insertion of any object other than the penis into the vagina shall also be considered to be rape.

3) A person who commits rape shall be liable to the sentence of imprisonment as follows, having regard to the circumstances of such sexual intercourse and the age of the woman:

(a) Imprisonment for a term of sixteen to twenty years, if she is a girl child below ten years of age,

(b) Imprisonment for a term of fourteen to sixteen years, if she is a girl child who is ten years or above ten years of age but below fourteen years of age,

(c) Imprisonment for a term of twelve to fourteen years, if she is a girl child who is fourteen or above fourteen years of age but below sixteen years of age,

(d) Imprisonment for a term of ten to twelve years, if the woman is sixteen or above sixteen years of age but below eighteen years of age,

(e) Imprisonment for a term of seven to ten years, if the woman is eighteen or above eighteen years of age.

4) Notwithstanding anything contained in sub-section (3), if the husband commits rape on his wife during the existence of a marital relationship between them, he shall be liable to a sentence of imprisonment for a term not exceeding five years.

Provided that the following situations shall not be considered as the existence of a marital relationship:

(a) A case of partition has been instituted upon making separation of board and bread,

(b) The wife has lived separately upon taking her partition share from the husband,

(c) A case of divorce from the husband has been instituted.

5) In the case of the situation referred to in sub-section (4), the court may, if it is necessary to do so upon a petition by the victim, order the husband to do the following:

(a) To allow the wife to reside in the same house where she has resided, to provide her with food and clothes, not to hurt her and to behave with her politely and decently,

(b) To get the wife to have required medical treatment or provide a reasonable amount for her treatment,

(c) To arrange a separate residence for the husband if it is not appropriate for them to reside in the same place together and make necessary arrangement for the maintenance of the wife while so residing separately,

(d) To refrain from doing any act causing suffering or annoyance, in any manner, to the wife and do, or cause to be done, necessary and appropriate act for the interest and security of the wife.

6) Notwithstanding anything contained in sub-section (1), a man who commits rape despite knowing that he has human immunodeficiency virus (HIV positive) or a sexually transmitted disease shall be liable to the following additional sentence, in addition to the sentence outlined in sub-section (3):

(a) The sentence referred to in Section 105 in the event of the commission of rape despite knowing that he has human immunodeficiency virus (HIV positive),

(b) A sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees in the event of the commission of rape despite knowing that he has any other sexually transmitted disease.

7) A man who commits rape on a woman in a gang or on a woman having pregnancy of more than six months or on a woman who is infirm or disabled or suffering from physical or mental illness, or commits rape showing arms shall be liable to an additional sentence of imprisonment for a term not exceeding five years, in addition to the sentence set forth in sub-section (3).

8) A person who commits rape on a woman within the prohibited degree of relationship by consanguinity or affinity shall be liable to the sentence referred to in this Chapter, in addition to the sentence imposable for incest if he is liable to such sentence for incest.