IPC 376DB→BNS 70(2)

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

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

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

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

Section 376DB IPC (Punishment for gang rape on woman under twelve 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 376DB to BNS 70(2)?

Section 376DB IPC corresponds to sub-section 2 of Section 70(2) BNS. Under the Bharatiya Nyaya Sanhita, the separate categories for gang rape of girls under twelve years of age under Section 376DB IPC and under sixteen years under Section 376DA IPC are consolidated into a single provision covering any woman under eighteen years of age. Sub-section 2 of Section 70(2) BNS retains the maximum penalties of imprisonment for the remainder of natural life and mandatory fine, or death, while expanding protective coverage to all female victims under eighteen years of age.

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

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section376DB70(2)
OffencePunishment for gang rape on woman under twelve years of ageSame
PunishmentImprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or deathSame
FineMandatory fine to be paid to the victim to meet medical expenses and rehabilitationSame
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

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

IPC 1860 (repealed)

Section 376DB, IPC 1860

376DB. Punishment for gang rape on woman under twelve years of age.--Where a woman under twelve 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 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 376DB vs BNS 70(2)

Under IPC 376DB
  1. The victim was a woman under twelve 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 to meet her medical expenses and rehabilitation

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

For Section 376DB IPC (now Section 70(2) BNS): under Section 70(2) BNS, gang rape of female children and adolescents under eighteen years of age is prosecuted under a single consolidated provision. The statutory penalties previously reserved for victims under twelve under Section 376DB IPC, namely whole-life imprisonment or capital punishment alongside mandatory compensatory fines, now govern all child gang rape prosecutions.

FAQs: IPC 376DB to BNS 70(2)

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

Section 70(2) BNS expands the age threshold from under twelve years to under eighteen years, consolidating child gang rape provisions into one sub-section while preserving penalties of natural life imprisonment or death.

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

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

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

Section 376DB 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 376DB 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 ·