IPC 376AB to BNS 65(2): Punishment for rape on woman under twelve years of age
Section 376AB IPC (1860) replaced by Section 65(2) BNS (2023)
IPC 376AB to BNS 65(2) at a Glance
Section 376AB IPC (Punishment for rape on woman under twelve years of age) is now Section 65(2) BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 376AB to BNS 65(2)?
Section 376AB IPC corresponds to Section 65(2) BNS. Section 65 BNS consolidates special punishments for rape under the title Punishment for rape in certain cases. The substantive ingredients, the punishment of rigorous imprisonment of not less than twenty years extending to imprisonment for the remainder of natural life or death, and both provisos requiring the fine to meet medical expenses and be paid to the victim, continue without change under Section 65(2) BNS.
IPC 376AB vs BNS 65(2): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 376AB | 65(2) |
| Offence | Punishment for rape on woman under twelve years of age | Same |
| Punishment | Rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death | Same |
| Fine | Mandatory fine, which must be just and reasonable to meet the medical expenses and rehabilitation of the victim, and must be paid to the victim | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Court of Session | Same |
IPC 376AB and BNS 65(2): Bare Act Text Side by Side
Section 376AB, IPC 1860
Section 65(2), BNS 2023
Ingredients: IPC 376AB vs BNS 65(2)
- The accused committed rape as defined under Section 375 IPC
- The victim was a woman under twelve years of age at the time of the offence
- Commission of rape on a woman under twelve years of age under Section 65(2) BNS
- Rigorous imprisonment for not less than twenty years extending to imprisonment for the remainder of natural life, and with fine or with death
- Requirement that fine be just and reasonable to meet medical expenses and rehabilitation of the victim
- Mandatory payment of any fine imposed under the sub-section to the victim
What IPC 376AB to BNS 65(2) Means for Pending Cases
FAQs: IPC 376AB to BNS 65(2)
What changed between Section 376AB IPC and Section 65(2) BNS?▼
The substantive offence and punishment are identical. Section 376AB IPC is now enacted as sub-section 2 of Section 65 BNS under the consolidated heading Punishment for rape in certain cases.
Where is Section 376AB IPC located in the Bharatiya Nyaya Sanhita?▼
Section 376AB IPC is codified as Section 65(2) BNS, in Chapter V, Of Offences Against Woman and Child, under the sub-heading Of sexual offences.
Does Section 376AB IPC or Section 65(2) BNS apply to an act done before 1 July 2024?▼
Section 376AB 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 376AB IPC. Section 65(2) 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: 17 Oct 2026 ·