Punishment for rape

All Acts ⚖️BNS 📋CPC 🛡️CrPC 🏛️COI 💍HMA 🧾ITA ⚖️IPC

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This provision is now IPC Section 376 (Punishment for rape) under the Indian Penal Code, effective from 1 July 2024. FIRs registered after that date cite the new section number.

What does this section state?

Section 64 of the Bharatiya Nyaya Sanhita replaces IPC Section 376, retaining the same punishment framework — rigorous imprisonment of not less than ten years, extendable to life imprisonment, along with a fine — and the same evidentiary and procedural protections built up for survivors, including in-camera trials and restrictions on disclosing the survivor's identity.

As with the earlier provision, aggravated categories of the offence — such as rape by a person in a position of authority, gang rape, or rape resulting in the victim's death — continue to be dealt with under related sections carrying enhanced punishment, mirroring the structure previously found in the IPC.

This section applies only to offences committed on or after 1 July 2024. Cases registered before that date remain governed by IPC Section 376, and its associated body of case law continues to guide courts interpreting this provision.

Punishment Rigorous imprisonment of not less than 10 years, which may extend to imprisonment for life, and fine

Triable By Court of Session

Bailable Non Bailable

Cognizable Cognizable

Compoundable Non Compoundable

Frequently Asked Questions

Is BNS Section 64 bailable?

This is a non bailable offence. Bail is not a matter of right and must be argued before a Magistrate or Sessions Court, typically with the help of a criminal lawyer.

What is the punishment under this section?

Rigorous imprisonment of not less than 10 years, which may extend to imprisonment for life, and fine. Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

No — this is a non-compoundable offence. The complainant cannot withdraw the case by private settlement; prosecution continues regardless of any compromise.

Have the evidentiary protections for survivors changed under BNS?

No — the same protections continue, including in-camera trials and restrictions on publishing the survivor’s identity, carried forward unchanged from the framework built up under the earlier IPC provision.

Does this section apply to cases registered before 1 July 2024?

No — those cases continue to be tried under IPC Section 376, since the applicable law is generally the one in force at the time the offence was committed.

Where are related provisions like gang rape now located in the BNS?

Aggravated forms of the offence, including gang rape and rape resulting in death, are addressed under related sections within the same chapter of the BNS, mirroring how the IPC organised these provisions around Section 376.

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This page is for general information only and is not a substitute for advice from a qualified advocate. Always verify against the current official bare act.