IPC 376 → BNS 64: Rape

IPC 376 (now BNS 64): Punishment for Rape

IPC Section 376 prescribes the punishment for rape. From 1 July 2024 it continues as Section 64 of the Bharatiya Nyaya Sanhita (BNS) 2023, which retains and tightens the framework built up after the 2013 amendments.

Punishment under BNS 64 (enhanced)

Rigorous imprisonment of not less than 10 years, extendable to imprisonment for life, along with fine. The minimum-mandatory floor that existed under IPC 376 is preserved, and the new code keeps the graded higher penalties for aggravated forms.

What changed from IPC to BNS?

The substance moves from IPC 376 to BNS 64 with stricter punishment and an expanded definition of the offence. Related aggravated and repeat-offence provisions are dealt with separately in the new code, but the base section is BNS 64. Trials begun before 1 July 2024 continue under IPC 376; new FIRs are registered under BNS 64.

Worked example

Where the prosecution proves sexual intercourse without valid consent within the statutory meaning, the court must impose at least the 10-year minimum laid down by BNS 64; the sentence can rise up to imprisonment for life depending on the facts.

Practical notes

• For advocates: consent, age and the precise sub-category drive the sentence; read BNS 64 together with the harassment and modesty offences — IPC 354A sexual harassment (BNS 75) and IPC 354D stalking (BNS 78) — which often appear in the same charge-sheet.
• Given the mandatory minimums, both complainant and accused need specialised criminal counsel from the FIR stage.