If a woman does not physically fight back or scream, it means she consented.

The law explicitly states that a woman's lack of physical resistance to penetration does not, by itself, mean she consented; consent must be a clear, voluntary, communicated agreement.

Rape only refers to penile-vaginal intercourse.

Since the 2013 amendment, this section defines rape broadly to include oral, anal, and object-based non-consensual penetration as well.

Indian Penal Code, 1860

Section 375

repealed

Rape

A man is said to commit “rape” if he, 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 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 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 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 descriptions1: Against her will. Without her consent. 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. 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. 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. With or without her consent, when she is under eighteen years of age. When she is unable to communicate consent. Explanations For the purposes of this section, “vagina” shall also include labia majora. 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. Exceptions A medical procedure or intervention shall not constitute rape. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.§

Why this exists

This section was substantially expanded after the 2012 Delhi gang rape case sparked nationwide outrage and led to the Criminal Law (Amendment) Act, 2013, which broadened the definition of rape beyond penile-vaginal penetration to include oral, anal, and object-based penetration, and clarified that consent must be affirmative and can be withdrawn through lack of physical resistance not being treated as consent. It reflects an evolving understanding of sexual violence and consent, informed by the Justice Verma Committee report. The marital rape exception remains a subject of ongoing constitutional litigation and public debate. The Bharatiya Nyaya Sanhita, 2023 largely retains this same definition and structure of rape under its corresponding provision.

How courts read it

The Supreme Court has held that the marital rape exception's minimum age (from fifteen to eighteen) was read up in the context of related provisions to protect minor wives, in Independent Thought v. Union of India (2017), which held that sexual intercourse with a wife under eighteen is rape regardless of marriage. Courts have also repeatedly emphasized that lack of physical resistance does not amount to consent, and that consent must be clear, voluntary, and specific to the act in question, not assumed from silence, a prior relationship, or past sexual history.

Common misconceptions

Myth: If a woman does not physically fight back or scream, it means she consented.
Fact: The law explicitly states that a woman's lack of physical resistance to penetration does not, by itself, mean she consented; consent must be a clear, voluntary, communicated agreement.
Myth: Rape only refers to penile-vaginal intercourse.
Fact: Since the 2013 amendment, this section defines rape broadly to include oral, anal, and object-based non-consensual penetration as well.