As per Section 375 of Indian Penal
code
A man is said to commit "rape"
who has sexual intercourse with a woman under circumstances
falling under any of the six following descriptions:
-
First: - Against her will.
Secondly: -without her consent.
Thirdly: - 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.
Fourthly: -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.
Fifthly: - 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 sixteen years of age.
Penetration is sufficient to constitute the sexual
intercourse necessary to the offence of rape.
Sexual intercourse by a man with his
wife, the wife not being under fifteen years of age,
is not rape.
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