DIGITAL RAPE 

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE 

LAWBRIDGE INSTITUTE PVT. LTD.

Dr. TANMOY MUKHERJI

ADVOCATE 

DIGITAL RAPE 

Tanmoy Mukherji

Advocate

Digital rape refers to penetration of a woman’s vagina, urethra, anus by fingers (digits) or any object, without her consent.

The word digital refers fingers or objects, not electronic devices.
Under the BNS, digital rape continues to be treated as rape, not a lesser offence.

Before 2013, rape under IPC was restricted mainly to penile penetration. Acts involving fingers or objects were treated as outraging modesty under Section 354 IPC, resulting in lesser punishment.

Due to rising sexual crimes and judicial recommendations, Parliament expanded the definition.
Criminal Law (Amendment) Act, 2013
Implemented after Justice J.S. Verma Committee Report
Recognised non-penile penetrative acts as rape
Ensured substantive justice over technicalities

Section 63(b) BNS/ Sec 375(b) IPC
A man commits rape if he:
“Inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, urethra or anus of a woman”

→Finger penetration

→Object penetration

→Partial penetration sufficient

 Digital rape is explicitly included.

Essential Ingredients of Digital Rape-

1.Accused is a man

2.Victim is a woman

3.Penetration by fingers or object

4.Without consent OR under circumstances in Sec.63, BNS/Sec. 375 , IPC(seven descriptions)

Penetration

→Even slightest penetration is sufficient

→Rupture of hymen not required

Reference Case-