IPC 376D→BNS 70(1)

IPC 376D to BNS 70(1): Gang rape

Section 376D IPC (1860) replaced by Section 70(1) BNS (2023)

View IPC Section 376D →View BNS Section 70(1) →

IPC 376D to BNS 70(1) at a Glance

Section 376D IPC (Gang rape) is now Section 70(1) 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 376D to BNS 70(1)?

Section 376D IPC corresponds to sub-section 1 of Section 70(1) BNS. The core definition of gang rape, the deeming fiction of joint liability, the mandatory minimum punishment of twenty years rigorous imprisonment extending to natural life, and the requirement that the fine be paid to the victim for medical expenses and rehabilitation are preserved verbatim in sub-section 1 of Section 70(1) BNS. In the wider section, sub-section 2 of Section 70(1) BNS consolidates the former Sections 376DA and 376DB IPC, raising the victim age threshold for child gang rape to under eighteen years and prescribing imprisonment for natural life or death.

IPC 376D vs BNS 70(1): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section376D70(1)
OffenceGang rapeSame
PunishmentRigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural lifeSame
FineMandatory fine to be paid to the victim to meet medical expenses and rehabilitationSame
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 376D and BNS 70(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 376D, IPC 1860

376D. Gang rape.--Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this section shall be paid to the victim.
BNS 2023 (in force)

Section 70(1), BNS 2023

(1) Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with 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, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim.

Ingredients: IPC 376D vs BNS 70(1)

Under IPC 376D
  1. The victim was a woman who was subjected to rape
  2. The act was committed by one or more persons constituting a group, or persons acting in furtherance of a common intention
  3. The accused person was a member of such group or acted in furtherance of the common intention
  4. Statutory deeming of each such person as having committed the offence of rape
Under BNS 70(1)
  1. Commission of rape by one or more persons constituting a group or acting in furtherance of a common intention
  2. Deemed liability treating each participant in the group as having committed the offence of rape
  3. Prescribed penalty of rigorous imprisonment of not less than twenty years extending to imprisonment for the remainder of natural life
  4. Mandatory fine payable directly to the victim to meet medical expenses and rehabilitation preserved in sub-section 1 of Section 70 BNS

What IPC 376D to BNS 70(1) Means for Pending Cases

For Section 376D IPC (now Section 70(1) BNS): under Section 70(1) BNS, the offence and punishment are unchanged: each person in the group or acting in furtherance of a common intention is deemed to have committed rape, with rigorous imprisonment of not less than twenty years and with fine. A charge for an act done after the BNS came into force cites Section 70(1) BNS.

FAQs: IPC 376D to BNS 70(1)

What changed between Section 376D IPC and Section 70(1) BNS?▼

The substantive offence and punishment for gang rape of an adult victim remain identical under sub-section 1 of Section 70 BNS. The wider section consolidates child gang rape under sub-section 2, setting the age limit at under eighteen years and prescribing natural life or death.

Where is Section 376D IPC located in the Bharatiya Nyaya Sanhita?▼

Section 376D IPC is codified as sub-section 1 of Section 70 BNS, under Chapter V, Of Offences Against Woman and Child.

Does Section 376D IPC or Section 70(1) BNS apply to an act done before 1 July 2024?▼

Section 376D 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 376D IPC. Section 70(1) 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 ·