IPC Section 375 = BNS Section 63

Rape (Definition)

बलात्संग (परिभाषा)

Offences Against Women No Change in Punishment Cognizable Non-Bailable Updated: 2026-02-28

Overview

Section 375 of the IPC defined the offence of rape. Under BNS 2023, this is now Section 63. The definition remains broadly the same with the seven descriptions of consent vitiation retained.

Hindi IPC की धारा 375 बलात्संग की परिभाषा देती थी। BNS 2023 के तहत यह अब धारा 63 है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 375 Section 63
Title Rape (Definition) Rape (Definition)
Punishment See Section 376 for punishment See Section 64 for punishment
Cognizable Yes — Police can arrest without warrant
Bailable No — Bail at the discretion of the court
Compoundable No — Cannot be compounded/settled
Triable By Court of Session

Key Changes

  • Section number changed from IPC 375 to BNS 63
  • Seven descriptions of rape remain the same
  • Exceptions regarding marital rape continue with modifications

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 Penetration or sexual act against a woman's will or without consent
  2. 2 Consent obtained through fear, intoxication, fraud, or unsoundness of mind
  3. 3 The woman is under 18 years of age

Frequently Asked Questions

What is the BNS equivalent of IPC Section 375?

IPC Section 375 (Rape (Definition)) is now BNS Section 63 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

Has the punishment changed from IPC 375 to BNS 63?

No, the punishment remains substantially the same. Under BNS 63: See Section 64 for punishment.

Is BNS Section 63 cognizable?

Yes, BNS Section 63 is a cognizable, non-bailable, and non-compoundable offence.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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