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 commit 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 penis into anus or mouth, penetration
of penis, to any extent, into anus, mouth or vagina,
insertion of any object other than penis into 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 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,
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(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
marital relationship between them, he shall be liable to a sentence of
imprisonment for a term not exceeding five years.
Provided that the following situation shall not be considered as
the existence of marital relationship:
(a) A case of partition has been instituted upon
making separation of board and bread,
(b) The wife has lived separate 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
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and clothes, not to hurt her and to behave her
politely and decently,
(b) To get the wife to have required medical
treatment or provide 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 refraining from doing 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 in spite of knowing that he has human
immune deficiency virus (HIV positive) or a sexually transmitted
disease shall be liable to the following additional sentence, in
addition to the sentence set forth in sub-section (3):
(a) The sentence referred to in Section 105 in the
event of the commission of rape in spite of
knowing that he has human immune deficiency
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
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commission of rape in spite of 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.
(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 commit 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 penis into anus or mouth, penetration
of penis, to any extent, into anus, mouth or vagina,
insertion of any object other than penis into 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 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,
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(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
marital relationship between them, he shall be liable to a sentence of
imprisonment for a term not exceeding five years.
Provided that the following situation shall not be considered as
the existence of marital relationship:
(a) A case of partition has been instituted upon
making separation of board and bread,
(b) The wife has lived separate 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
141
and clothes, not to hurt her and to behave her
politely and decently,
(b) To get the wife to have required medical
treatment or provide 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 refraining from doing 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 in spite of knowing that he has human
immune deficiency virus (HIV positive) or a sexually transmitted
disease shall be liable to the following additional sentence, in
addition to the sentence set forth in sub-section (3):
(a) The sentence referred to in Section 105 in the
event of the commission of rape in spite of
knowing that he has human immune deficiency
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
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commission of rape in spite of 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.