Section 70 BNS: Gang rape

Bharatiya Nyaya Sanhita, 2023

Section 70 BNS at a Glance

Section 70 BNS deals with gang rape. It is non-bailable and cognizable; it replaced Sections 376D and 376DB IPC on 1 July 2024.

Punishment

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

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 376D →

Section 70 BNS Bare Act Text

(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.

(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.

Source: Section 70, Bharatiya Nyaya Sanhita, 2023

Section 70 BNS in the IPC (Previous Law)

Section 70 BNS replaced Sections 376D and 376DB IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 70 BNS

Under Section 70(1) BNS, does every person in the group have to physically rape the victim?▼

No. Section 70(1) BNS covers group participation where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention. Each person is deemed to have committed rape even without direct physical penetration if their role in the group or common intention is proved.

Is the offence under Section 70(1) BNS bailable or compoundable?▼

No. It is non-bailable and non-compoundable. Police can arrest without a warrant because it is cognizable.

What is the minimum punishment under Section 70(1) BNS?▼

The minimum punishment under Section 70(1) BNS is rigorous imprisonment for twenty years. The sentence may extend to imprisonment for life, meaning imprisonment for the remainder of that person's natural life, along with a fine payable to the victim for medical expenses and rehabilitation.

Has Section 70(1) BNS changed under the new criminal law?▼

Section 70(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS) is the current provision in force for gang rape. It retains joint liability for every member of the group acting with common intention and the punishment of twenty years to natural life imprisonment with a fine paid to the victim.

What does Section 70(2) BNS cover?▼

Section 70(2) BNS covers gang rape committed on a woman under eighteen years of age by one or more persons constituting a group or acting in furtherance of a common intention. Each participant is deemed to have committed the offence of rape.

Is consent a defence under Section 70(2) BNS?▼

No. A woman under eighteen years of age cannot give valid legal consent to sexual intercourse under Section 63 BNS. Even if the accused claims consent, that argument does not help in law.

What is the punishment under Section 70(2) BNS?▼

The punishment under Section 70(2) BNS is imprisonment for life, which means imprisonment for the remainder of that person's natural life, and with fine, or death. Any fine imposed must be just and reasonable to meet medical expenses and rehabilitation and must be paid to the victim.

Has Section 70(2) BNS been removed from the law?▼

No. Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) is in force and covers gang rape of any woman under eighteen years of age, punishable with imprisonment for the remainder of natural life and fine, or death.

Section 70 BNS: Sub-sections Explained

Section 70(1) BNS: Gang rape

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Bare Act Text

(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.

Explained in Simple Words

Section 70(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with gang rape. It applies 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 is deemed to have committed the offence of rape, even if not every person in the group physically committed the act.

This makes the provision especially important in cases involving group violence and coordinated sexual assault. Each offender is punishable with rigorous imprisonment for a term of not less than twenty years, which may extend to imprisonment for life meaning imprisonment for the remainder of that person's natural life, and with a fine payable to the victim to meet medical expenses and rehabilitation.

In practice, Section 70(1) BNS gives a clear legal basis to proceed against every involved accused. For accused persons, liability arises from group participation or common intention, not only direct physical conduct.

Key Ingredients

  • Commission of rape by one or more persons constituting a group or acting in furtherance of a common intention
  • Deemed liability treating each participant in the group as having committed the offence of rape
  • Prescribed penalty of rigorous imprisonment of not less than twenty years extending to imprisonment for the remainder of natural life
  • Mandatory fine payable directly to the victim to meet medical expenses and rehabilitation preserved in sub-section 1 of Section 70 BNS

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 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

💰 Mandatory fine to be paid to the victim to meet medical expenses and rehabilitation

Section 70(1) BNS punishes gang rape with rigorous imprisonment of not less than twenty years extending to imprisonment for the remainder of natural life, and mandatory fine payable to the victim. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session.

Real-World Example

Near an industrial township outside Ranchi, three men, Ramesh, Dinesh, and Vikram, blocked the path of a woman returning from work and compelled her into a vacant shed in furtherance of a common intention. While Dinesh and Vikram guarded the exits and restrained the woman, Ramesh committed rape upon her. Because Ramesh, Dinesh, and Vikram acted as a group in furtherance of a common intention, every participant is deemed under the law to have committed rape. Each individual is liable to be prosecuted under Section 70(1) BNS, which carries rigorous imprisonment of not less than twenty years extending to imprisonment for natural life, together with a mandatory fine payable to the victim for medical expenses and rehabilitation.

When This Does Not Apply

  • The rape was committed by an individual acting entirely alone, without the involvement of any group or common intention with others
  • Multiple persons were present at the scene but did not constitute a group, did not share a common intention, and did not participate in or facilitate the offence
  • The underlying sexual intercourse did not satisfy the statutory definition of rape under Section 63 BNS

Previous Law

IPC 376D → Section 70(1) BNS

Section 376D IPC corresponds to sub-section 1 of Section 70 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 BNS. In the wider section, sub-section 2 of Section 70 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.

Section 70(2) BNS: Punishment for gang rape on woman under twelve years of age

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Bare Act Text

(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.

Explained in Simple Words

Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with gang rape where the victim is a woman under eighteen years of age. It applies when one or more persons constituting a group or acting in furtherance of a common intention commit rape on a female victim under that age. Each person in the group is deemed to have committed the offence of rape. The law treats this offence with extreme seriousness because of the victim's age and the collective nature of the crime.

In practice, Section 70(2) BNS places gang rape of any woman under eighteen years of age in an aggravated category carrying the strictest punishment. Each offender is punishable with imprisonment for life, which means imprisonment for the remainder of that person's natural life, and with fine, or with death.

Any fine imposed under this sub-section must be just and reasonable to meet the medical expenses and rehabilitation of the victim and must be paid to the victim.

Key Ingredients

  • 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
  • Deemed liability treating each person in the group as having committed the offence of rape under Section 70(2) BNS
  • Prescribed punishment of imprisonment for life, meaning imprisonment for the remainder of that person's natural life, and with fine, or death
  • Mandatory fine payable directly to the victim to meet her medical expenses and rehabilitation

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or death

💰 Mandatory fine to be paid to the victim to meet medical expenses and rehabilitation

Section 70(2) BNS punishes gang rape of a woman under eighteen years of age with imprisonment for the remainder of natural life and mandatory fine payable to the victim, or death. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session.

Real-World Example

In an agricultural settlement near Bilaspur, three adult acquaintances, Manoj, Suresh, and Rajesh, formed a common intention to assault an eleven-year-old girl who was gathering firewood near a canal. Suresh and Rajesh stood guard at the pathways and prevented the child from fleeing while Manoj committed rape upon her. Because the victim was under eighteen years of age and the perpetrators acted together as a group in furtherance of a common intention, every participant is deemed under the law to have committed rape. Manoj, Suresh, and Rajesh are each liable to prosecution under Section 70(2) BNS, facing imprisonment for the remainder of natural life and fine, or death.

When This Does Not Apply

  • The victim was eighteen years of age or older at the time of the commission of the offence, which falls under Section 70(1) BNS
  • The offence was committed by a single individual acting alone, without any group involvement or common intention with others
  • The underlying sexual conduct did not satisfy the legal definition of rape under Section 63 BNS
  • Persons present at the location did not share the common intention, did not participate in the group, and did not facilitate the crime

Previous Law

IPC 376DB → Section 70(2) BNS

Section 376DB IPC corresponds to sub-section 2 of Section 70 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 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.

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·