IPC 376E→BNS 71

IPC 376E to BNS 71: Punishment for repeat offenders

Section 376E IPC (1860) replaced by Section 71 BNS (2023)

View IPC Section 376E →View BNS Section 71 →

IPC 376E to BNS 71 at a Glance

Section 376E IPC (Punishment for repeat offenders) is now Section 71 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 376E to BNS 71?

Section 376E IPC corresponds to Section 71 BNS. The enhanced sentencing framework prescribing imprisonment for the remainder of natural life or death for repeat sexual offenders is preserved without change. The list of qualifying trigger offences is updated to reflect the consolidated structure of the Bharatiya Nyaya Sanhita: whereas Section 376E IPC referenced Section 376 IPC, Section 376A IPC, Section 376AB IPC, Section 376D IPC, Section 376DA IPC, and Section 376DB IPC, Section 71 BNS cites Section 64 BNS, Section 65 BNS, Section 66 BNS, and Section 70 BNS. The substantive sentencing standard remains identical.

IPC 376E vs BNS 71: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section376E71
OffencePunishment for repeat offendersSame
PunishmentImprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with deathSame
FineNo fine is provided under this sectionSame
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 376E and BNS 71: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 376E, IPC 1860

376E. Punishment for repeat offenders.--Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376AB or section 376D or section 376DA or section 376DB, and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death.
BNS 2023 (in force)

Section 71, BNS 2023

Whoever has been previously convicted of an offence punishable under section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.

Ingredients: IPC 376E vs BNS 71

Under IPC 376E
  1. The accused has a prior conviction under Section 376 IPC, Section 376A IPC, Section 376AB IPC, Section 376D IPC, Section 376DA IPC, or Section 376DB IPC
  2. The accused subsequently commits and is convicted of an offence punishable under any of those specified sections
Under BNS 71
  1. Prior conviction for an offence punishable under the specified sexual offence provisions
  2. Subsequent conviction for an offence punishable under any of the designated sections
  3. Prescribed statutory sentence restricted to imprisonment for the remainder of natural life, or death
  4. Updated cross-references under Section 71 BNS citing Section 64 BNS, Section 65 BNS, Section 66 BNS, and Section 70 BNS

What IPC 376E to BNS 71 Means for Pending Cases

For Section 376E IPC (now Section 71 BNS): under Section 71 BNS, a person previously convicted of an offence punishable under Section 64, 65, 66 or 70 BNS who is again convicted of any of them is punished with imprisonment for the remainder of natural life or with death. A charge for an act done after the BNS came into force cites Section 71 BNS.

FAQs: IPC 376E to BNS 71

What changed between Section 376E IPC and Section 71 BNS?▼

The sentencing framework remains identical. The list of trigger sections is updated from six IPC sections to four BNS sections, reflecting the consolidation of child rape and gang rape under Section 65 BNS and Section 70 BNS.

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

Section 376E IPC is codified as Section 71 BNS, in Chapter V, Of Offences Against Woman and Child.

Does Section 376E IPC or Section 71 BNS apply to an act done before 1 July 2024?▼

Section 376E 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 376E IPC. Section 71 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 ·