A 'rape' charge under the Section 375 Indian Penal Code has two parts:
The court will decide that these acts are rape if:
Consent has been clearly defined as a clear, voluntary communication that the woman agrees to the specific sex act, leaving no room for debate. It also makes it clear that absence of physical injuries is immaterial for deciding consent.
As long as the wife is above 15 years old, it is not considered rape, if the husband engages in sex with her without her consent.
The situation is different if the two are separated. If a couple is married, but living separately, then the 'marital rape' exception no longer applies and the husband can be convicted of rape if there is no consent. The punishment for the husband is jail term of between two and seven years along with a fine.
Aggravated rape can be because of the special position of either the victim, or the criminal -
The punishment for committing such aggravated rape is rigorous imprisonment of between 10 years and life along with fine.
Another form of aggravated rape is rape which results in the death of the victim or in her ending up in a permanent vegetative state and gang rape.
During a rape, if the accused injures the woman so badly that that she dies, or goes into a vegetative state, he can be given the death sentence, or jail of 20 years - life.
While this provision is pretty clear, the law does not define what 'persistent vegetative state' means. In a Supreme Court decision, the Court said that a person who is alive but does not show any evidence of being aware of one's environment is in a permanent vegetative state.
If a woman is raped at the same time by a group of people, each of them will be punished for committing the crime (Section 376D IPC). The punishment is rigorous imprisonment of between 20 years and life imprisonment.
The law (Section 376E IPC) allows the death sentence to be imposed where a person is convicted for a second time for: