183 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · BNS S.63
Under the sixth description in Section 63 of the Bharatiya Nyaya Sanhita, sexual intercourse by a man with a woman amounts to rape regardless of her consent when she is:
- A.Under twenty-one years of age
- B.Under sixteen years of age
- C.Under eighteen years of age✓ correct
- D.Under fifteen years of age
Why: Description (vi) of Section 63 provides that the act is rape with or without her consent when the woman is under eighteen years of age. Consent of a woman below eighteen is thus immaterial under the section.
Read Section 63 — Rape →Q2 · easy · BNS S.63
According to Exception 2 to Section 63 BNS, sexual intercourse or sexual acts by a man with his own wife do not amount to rape provided:
- A.The wife is not under eighteen years of age✓ correct
- B.The wife is not under sixteen years of age
- C.The wife has expressly consented in writing
- D.The couple is not judicially separated
Why: Exception 2 to Section 63 states that sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. The exception is conditioned solely on the wife's age as stated in the text.
Read Section 63 — Rape →Q3 · medium · BNS S.63
A woman consents to sexual intercourse with a man because she believes him to be her lawfully wedded husband, while the man knows he is not her husband and that her consent rests on that belief. Under Section 63 BNS, the act is:
- A.Not rape, because consent was in fact given
- B.Rape only if force was also used
- C.An offence of cheating, not rape
- D.Rape, under the fourth description, since her consent was given under the belief that he is another man to whom she is or believes herself to be lawfully married✓ correct
Why: Description (iv) of Section 63 treats the act as rape where consent is given because the woman believes the man is another man to whom she is or believes herself to be lawfully married, and the man knows he is not her husband. Consent so obtained is vitiated by the section itself.
Read Section 63 — Rape →Q4 · medium · BNS S.63
Under the proviso to Explanation 2 of Section 63 BNS, the fact that a woman did not physically resist the act of penetration:
- A.Conclusively establishes her consent
- B.Shall not, by reason only of that fact, be regarded as her consenting to the sexual activity✓ correct
- C.Raises a rebuttable presumption of consent
- D.Is irrelevant only where the woman is under eighteen
Why: Explanation 2 defines consent as an unequivocal voluntary agreement communicated by words, gestures or any form of verbal or non-verbal communication. Its proviso expressly states that a woman who does not physically resist the act of penetration shall not, by reason only of that fact, be regarded as consenting to the sexual activity.
Read Section 63 — Rape →Q5 · hard · BNS S.63
Which of the following is expressly excluded from the definition of rape by Exception 1 to Section 63 BNS?
- A.Any act done with the consent of a woman above sixteen years of age
- B.Any act committed under a mistake of fact
- C.A medical procedure or intervention✓ correct
- D.Any act between persons in a live-in relationship
Why: Exception 1 to Section 63 states that a medical procedure or intervention shall not constitute rape. This is distinct from Exception 2, which relates to a man and his own wife where the wife is not under eighteen; neither exception mentions live-in relationships or a general mistake-of-fact defence.
Read Section 63 — Rape →178 more questions on Of Offences Against Woman And Child
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