IPC 376DA→BNS 70(2)

IPC 376DA to BNS 70(2): Punishment for gang rape on woman under sixteen years of age

Section 376DA IPC (1860) replaced by Section 70(2) BNS (2023)

View IPC Section 376DA →View BNS Section 70(2) →

IPC 376DA to BNS 70(2) at a Glance

Section 376DA IPC (Punishment for gang rape on woman under sixteen years of age) is now Section 70(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 376DA to BNS 70(2)?

Section 376DA IPC corresponds to sub-section 2 of Section 70 BNS. The Bharatiya Nyaya Sanhita introduced two major statutory changes: first, the age threshold for aggravated child gang rape is raised from under sixteen years to under eighteen years, thereby consolidating the former Sections 376DA and 376DB IPC into a single sub-section; second, Section 70(2) BNS introduces the death penalty as an alternative sentencing option alongside imprisonment for the remainder of natural life. The mandatory fine payable directly to the victim for medical expenses and rehabilitation is retained.

IPC 376DA vs BNS 70(2): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section376DA70(2)
OffencePunishment for gang rape on woman under sixteen years of ageSame
PunishmentImprisonment for life, which shall mean imprisonment for the remainder of that person's natural lifeImprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or death
FineMandatory fine to be paid to the victim to meet medical expenses and rehabilitationSame
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 376DA and BNS 70(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 376DA, IPC 1860

376DA. Punishment for gang rape on woman under sixteen years of age.--Where a woman under sixteen years of age 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 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 section shall be paid to the victim.
BNS 2023 (in force)

Section 70(2), BNS 2023

(2) Where a woman under eighteen years of age 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 imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death: 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 376DA vs BNS 70(2)

Under IPC 376DA
  1. The victim was a woman under sixteen years of age
  2. The victim was subjected to rape as defined under Section 375 IPC
  3. The offence was committed by one or more persons constituting a group, or persons acting in furtherance of a common intention
  4. Statutory deeming of each participant in the group or shared intention as having committed the offence of rape
Under BNS 70(2)
  1. Commission of rape on a woman under eighteen years of age by one or more persons constituting a group or acting in furtherance of a common intention
  2. Deemed liability treating each person in the group as having committed the offence of rape under Section 70(2) BNS
  3. Prescribed punishment of imprisonment for life, meaning imprisonment for the remainder of that person's natural life, and with fine, or death
  4. Mandatory fine payable directly to the victim that is just and reasonable to meet her medical expenses and rehabilitation

What IPC 376DA to BNS 70(2) Means for Pending Cases

For Section 376DA IPC (now Section 70(2) BNS): under Section 70(2) BNS, gang rape of any female child under eighteen years of age is prosecuted under sub-section 2 of Section 70 BNS. The law broadens the age boundary from sixteen to eighteen years and adds the death penalty as an alternative sentencing option alongside whole-life imprisonment and mandatory compensatory fines.

FAQs: IPC 376DA to BNS 70(2)

What changed between Section 376DA IPC and Section 70(2) BNS?▼

Section 70(2) BNS raises the victim age ceiling from under sixteen years to under eighteen years, and adds the death penalty as an alternative punishment alongside imprisonment for the remainder of natural life and mandatory fine.

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

The subject matter of Section 376DA IPC is codified in sub-section 2 of Section 70 BNS, under Chapter V, Of Offences Against Woman and Child.

Does Section 376DA IPC or Section 70(2) BNS apply to an act done before 1 July 2024?▼

Section 376DA 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 376DA IPC. Section 70(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: 16 Oct 2026 ·