IPC Section 376 = BNS Section 64

Punishment for Rape

बलात्कार के लिए दण्ड

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

Overview

Section 376 of the IPC dealt with the punishment for rape. Under the BNS 2023, this is now covered under Section 64. The punishment remains rigorous imprisonment for not less than 10 years, extendable to life imprisonment, and fine. The BNS retains the stringent framework while reorganizing the provision structure.
Hindi IPC की धारा 376 बलात्कार के दण्ड से संबंधित थी। BNS 2023 के तहत, यह अब धारा 64 में शामिल है। दण्ड कठोर कारावास 10 वर्ष से कम नहीं, जो आजीवन कारावास तक बढ़ाया जा सकता है, और जुर्माना बना हुआ है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 376 Section 64
Title Punishment for Rape Punishment for Rape
Punishment Rigorous imprisonment not less than 10 years, extendable to life imprisonment, and fine Rigorous imprisonment not less than 10 years, extendable to life imprisonment, and fine
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 376 to BNS 64
  • BNS provides clearer structuring of aggravated forms of rape
  • Gang rape provisions are separately dealt with under BNS Section 70
  • Punishment framework remains substantially the same

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 Sexual intercourse with a woman against her will or without her consent
  2. 2 Consent obtained by putting her in fear of death or hurt
  3. 3 Consent given under misconception of fact
  4. 4 Consent of a woman who is unable to communicate consent
  5. 5 The woman is under 18 years of age (with or without consent)

Frequently Asked Questions

What is the BNS equivalent of IPC Section 376?

IPC Section 376 (Punishment for Rape) is now BNS Section 64 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

Has the punishment for rape changed under BNS?

The basic punishment remains the same — rigorous imprisonment of not less than 10 years, extendable to life imprisonment, and fine. The BNS reorganizes sub-sections for better clarity.

Where is gang rape covered in BNS?

Gang rape is separately covered under BNS Section 70, which provides for rigorous imprisonment of not less than 20 years, extendable to life imprisonment (meaning imprisonment for remainder of natural life), and fine.

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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