law: The Criminal Law (Amendment) Act, 2013 No, 13 of 2013
  Substitution of new sections for
  
  sections 375, 376, 376A, 3768, 376C and 376D.
  9. For sections 375,376,376A, 376B,
  
  376Cand 376D of the Penal Code, the following sections shall be substituted,
  
  namely:-
  Rape.
  '375. 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 the 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 ~ 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
  
  seven descriptions:- First.-Against her will. Secondly.-Without her consent.
  Third/y.-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.
  Fourth/y.-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.
  Fifth/y.-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 stupefying or
  
  unwholesome Substance, she is unable to understand the nature and consequences
  
  of that to which she gives consent.
  Sixthly.-With or without her consent, when
  
  she is under eighteen years of age.
  Seventhly.-When she is unable to
  
  communicate consent.
  Explanation I.- For the purposes of this
  
  section, "vagina" shall also include labia majora.
  Explanation 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 a woman who does not
  
  physically resist to the act of penetration shall not by the reason only of
  
  that fact, be regarded as consenting to the sexual activity.
  Exception I.- A medical procedure or
  
  intervention shall not onstitute rape.
  Exception 2.- Sexual intercourse or sexual
  
  acts by a man with his own wife, the wife not being under fifteen years of age,
  
  is not rape.'.
  Punishment for rape.
  376.
  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
  
  shall not he less than seven years, but which may extend to imprisonment for
  
  life, and shall also be liable to fine.
  2.      Whoever,-
  a.      being a
  
  police officer, commits rape-
                       
  
   i.        
  
   within the limits of the police station to which such police officer is
  
  appointed; or
                      
  
   ii.        
  
   in the premises of any station house; or
                     
  
   i.        
  
   
                     
  
   ii.        
  
   
                     
  
   iii.        
  
   on a woman in such police officer's custody or in the custody of a
  
  police officer subordinate to such police officer; or
  a.    
  
   
  b.     being a public
  
  servant, commits rape on a woman in such public servant's custody or in the
  
  custody of a public servant subordinate to such public servant; or
  c.      being a
  
  member of the armed forces deployed in an area by the Central or a State
  
  Government commits rape in such area; or
  d.     being on the
  
  management or on the staff of a jail, remand home or other place of custody
  
  established by or under any law for the time being in force or of a women's or
  
  children's institution, commits rape on any inmate of such jail, remand home,
  
  place or institution; or
  e.      being on
  
  the management or on the staff of a hospital, commits rape on a woman in that
  
  hospital; or
  f.      being a
  
  relative, guardian or teacher of, or a person in a position of trust or
  
  authority towards the woman, commits rape on such woman; or
  g.     commits rape
  
  during communal or sectarian violence; or
  h.      commits
  
  rape on a woman knowing her to be pregnant; or
  i.       commits
  
  rape on a woman when she is under sixteen years of age; or
  j.       commits
  
  rape, on a woman incapable of giving consent; or
  k.      being in a
  
  position of control or dominance over a woman, commits rape on such woman; or
  l.       commits
  
  rape on a woman suffering from mental or physical disability; or
  m.    while committing rape
  
  causes grievous bodily harm or maims or disfigures or endangers the life of a
  
  woman; or
  n.      commits
  
  rape repeatedly on the same woman, shall be punished with rigorous imprisonment
  
  for a term which shall not be less than ten years, but which may extend to
  
  imprisonment for life, which shall mean imprisonment for the remainder of that
  
  person's natural life, and shall also be liable to fine.
  Explanation.-For the purposes of this
  
  sub-section,-
  a.      "armed
  
  forces" means the naval, military and air forces and includes any member
  
  of the Armed Forces constituted under any Jaw for the time being in force,
  
  including the paramilitary forces and any auxiliary forces that are under the
  
  control of the Central Government!, or the State Government;
  b.     "hospital"
  
  means the precincts of the hospital and includes the precincts of any
  
  institution for the reception and treatment of persons during convalescence or
  
  of persons requiring medical attention or rehabilitation;
  c.      "police
  
  officer" shall have the same meaning as assigned to the expression
  
  "police" under the Police Act, 1861;
  d.     "women's or
  
  children's institution" means an institution, whether called an orphanage
  
  or a home for neglected women or children or a widow's home or an institution
  
  called by any other name, which is established and maintained for the reception
  
  and care of women or children.
  Punishment for causing death or
  
  resulting in persistent vegetative state of victim.
  376A. Whoever, commits an offence
  
  punishable under sub-section (l) or sub¬section (2) of section 376 and in the
  
  course of such commission inflicts an injury which causes the death of the
  
  woman or causes the woman to be in a persistent vegetative state, shall be
  
  punished with rigorous imprisonment for a term which shall not be less than
  
  twenty years, but which may extend to imprisonment for life, which shall mean
  
  imprisonment for the remainder of that person's natural life, or with death.
  Sexual intercourse by husband upon his
  
  wife during separation
  376B. Whoever has sexual intercourse with
  
  his own wife, who is living separately, whether under a decree of separation or
  
  otherwise, without her consent, shall be punished with imprisonment of either
  
  description for a term which shall not be less than two years but which may
  
  extend to seven years, and shall also be liable to fine.
  Explanation.- In this section, "sexual
  
  intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of
  
  section 375.
  Sexual intercourse by person in
  
  authority.
  376C. Whoever, being-
  a.      in a
  
  position of authority or in a 6duciary relationship; or
  b.     a public
  
  servant; or
  c.      superintendent
  
  or manager of a jail, remand home or other place of custody established by or
  
  under any law for the time being in force, or a women's or children's
  
  institution; or
  d.     on the
  
  management of a hospital or being on the staff of a hospital, abuses such
  
  position or 6duciary relationship to induce or seduce any woman either in his
  
  custody or under his charge or present in the premises to have sexual
  
  intercourse with him, such sexual intercourse not amounting to the offence of
  
  rape, shall be punished with rigorous imprisonment of either description for a
  
  term which shall not be less than 6ve years, but which may extend to ten years,
  
  and shall also be liable to fine.
  Explanation l.- In this section,
  
  "sexual intercourse" shall mean any of the acts mentioned in clauses
  
  (a) to (d) of section 375.
  Explanation 2.- For the purposes of this
  
  section, Explanation I to section 375 shall also be applicable.
  Explanation 3.- "Superintendent",
  
  in relation to a jail, remand home or other place of custody or a women's or
  
  children's institution, includes a person holding any other office in such
  
  jail, remand home, place or institution by virtue of which such person can
  
  exercise any authority or control over its inmates.
  Explanation 4.- The expressions
  
  "hospital" and "women's or children's institution" shall
  
  respectively have the same meaning as in Explanation to sub-section (2) of
  
  section 376.
  Gang rape.
  376D. Where a woman is raped by one or more
  
  persons constituting a group or acting in furtherance of a common intention,
  
  each of those persons shall be deemed to have committed the offence of rape and
  
  shall be punished with rigorous imprisonment for a term which shall not be less
  
  than twenty years, but which may extend to life which shall mean imprisonment
  
  for the remainder of that person's natural life, and with fine:
  Provided that such fine shall be just and
  
  reasonable to meet the medical expenses and rehabilitation of the victim:
  Provided further that any fine imposed
  
  under this section shall be paid to the victim.
  Punishment for repeat offenders.
  376E. Whoever has been previously convicted
  
  of an offence punishable under section 376 or section 376A or section 3760 and
  
  is subsequently convicted of an offence punishable under any of the said
  
  sections shall be punished with imprisonment for life which shall mean
  
  imprisonment for the remainder of that person's natural life, or with death.'.