IPC 375 → BNS 63: Rape Definition

Quick Summary: IPC 375 vs BNS 63

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 375 deals with rape definition, part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers rape definition as BNS 63 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 375 cover?

IPC 375 dealt with rape definition — definition of rape. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 63: What changed in the new law?

Expanded definition, marital rape still excluded. From 1 July 2024, new complaints relating to rape definition are filed under BNS Section 63, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 63

N/A - Definition section

Practical implications for advocates, police & citizens

• Advocates: For rape definition, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 375 carefully to BNS 63.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new rape definition FIR is filed under BNS 63.
• Law students & citizens: Punishment for rape definition rises sharply with the seriousness of the harm and the victim — the IPC 375 to BNS 63 change does not lower it.