IPC 375 to BNS 63: Rape
Section 375 IPC (1860) replaced by Section 63 BNS (2023)
IPC 375 to BNS 63 at a Glance
Section 375 IPC (Rape) is now Section 63 BNS, in force from 1 July 2024. What changed is set out below.
What Changed From IPC 375 to BNS 63?
Section 375 IPC corresponds to Section 63 BNS. In Exception 2, the age of the wife is raised from fifteen to eighteen years in the statutory text, providing that sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. The Supreme Court in Independent Thought v Union of India, decided on 11 October 2017, had previously read down Exception 2 to Section 375 IPC so that it did not apply where the wife was under eighteen. In Section 63 BNS, the seven descriptions are numbered as clauses i to vii instead of First to Seventhly, while the core definition, explanations, and medical exception remain substantively identical.
IPC 375 vs BNS 63: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 375 | 63 |
| Offence | Rape | Same |
| Punishment | None. Section 375 IPC is a definition and does not prescribe a sentence of imprisonment. Punishment for rape is provided under Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, and 376E IPC. | None. Section 63 BNS is a definition and does not prescribe a sentence of imprisonment. Punishment for rape is provided under Sections 64, 65, 66, 67, 68, 70, and 71 BNS. |
| Fine | None under Section 375 IPC. Fines are prescribed under the punishing sections, including Section 376 IPC. | None under Section 63 BNS. Fines are prescribed under the punishing sections, including Section 64 BNS. |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
IPC 375 and BNS 63: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 375, IPC 1860
375. Rape.—A man is said to commit “rape” if he— (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:— First.—Against her will. Secondly.—Without her consent. Thirdly.—With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt. Fourthly.—With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly.—With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Sixthly.—With or without her consent, when she is under eighteen years of age. Seventhly.—When she is unable to communicate consent. Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora. Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act: Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1.—A medical procedure or intervention shall not constitute rape. Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.
BNS 2023 (in force)
Section 63, BNS 2023
A man is said to commit “rape” if he— (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:— (i) against her will; (ii) without her consent; (iii) with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt; (iv) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; (v) with her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent; (vi) with or without her consent, when she is under eighteen years of age; (vii) when she is unable to communicate consent. Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora. Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act: Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1.—A medical procedure or intervention shall not constitute rape. Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.
Ingredients: IPC 375 vs BNS 63
Under IPC 375
- A man committed any of the four statutory acts of penile penetration, insertion of an object or body part, manipulation causing penetration, or application of mouth to specified female body parts, or compelled a woman to do so
- The act was done under any of the seven statutory circumstances, including against her will, without her consent, or with consent obtained by putting her or a person of interest in fear of death or hurt
- Or consent was given because she believed the man to be her husband when he knew he was not, or during intoxication or unsoundness of mind preventing understanding of nature and consequences
- Or the act was committed with or without consent when the woman was under eighteen years of age, or when she was unable to communicate consent
Under BNS 63
- Commission by a man of any of the four statutory acts of penetration, insertion, manipulation, or oral contact, or making a woman do so with him or any other person
- Occurrence under any of the seven statutory circumstances in clauses (i) to (vii), including absence of consent, consent obtained by fear or deception, incapacity to consent, or the woman being under eighteen years of age
- Absence of an applicable exception under Exception 1 for a medical procedure or intervention, or under Exception 2 for sexual acts by a man with his own wife who is not under eighteen years of age
What IPC 375 to BNS 63 Means for Pending Cases
For Section 375 IPC (now Section 63 BNS): under Section 63 BNS, the definition of rape formally incorporates the age of eighteen years in Exception 2. Charges arising from conduct occurring after the BNS came into force cite Section 63 BNS for the definition and Section 64 BNS for the prescribed penalty.
FAQs: IPC 375 to BNS 63
What changed between Section 375 IPC and Section 63 BNS?▼
Section 63 BNS amends Exception 2 by raising the wife's age from fifteen to eighteen years, aligning statutory text with the Supreme Court decision in Independent Thought v Union of India from 2017. The seven circumstances are styled as clauses i to vii, while the substantive definition and explanations remain identical.
Where is Section 375 IPC located in the Bharatiya Nyaya Sanhita?▼
Section 375 IPC is codified as Section 63 BNS, in Chapter V, Of Offences Against Woman and Child, under the sub-heading Of sexual offences.
Does Section 375 IPC or Section 63 BNS apply to an act done before 1 July 2024?▼
Section 375 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 375 IPC. Section 63 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·