IPC 376DA → BNS 70(2): Gang Rape (Under 16)

Quick Summary: IPC 376DA vs BNS 70(2)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 376DA deals with gang rape (under 16), 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 gang rape (under 16) as BNS 70(2) and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 376DA cover?

IPC 376DA dealt with gang rape (under 16) — punishment for gang rape on woman under sixteen years of age. 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 70(2): What changed in the new law?

Strict provisions retained. From 1 July 2024, new complaints relating to gang rape (under 16) are filed under BNS Section 70(2), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 70(2)

Same - Life (Natural life)

Practical implications for advocates, police & citizens

• Advocates: For gang rape (under 16), the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 376DA carefully to BNS 70(2).
• Police officers: Record the nature and degree of injury and the weapon or means used; a new gang rape (under 16) FIR is filed under BNS 70(2).
• Law students & citizens: Punishment for gang rape (under 16) rises sharply with the seriousness of the harm and the victim — the IPC 376DA to BNS 70(2) change does not lower it.