Punishment for rape

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

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This provision is now BNS Section 64 (Punishment for rape) under the Bharatiya Nyaya Sanhita, effective from 1 July 2024. FIRs registered after that date cite the new section number.

What does this section state?

Section 376 prescribes the punishment for rape, the offence itself being defined in the preceding Section 375. Because of the gravity of the offence, courts apply a particularly strict evidentiary and procedural framework — including in-camera trials, restrictions on publishing the survivor's identity, and time-bound investigation and trial requirements introduced by later amendments.

The punishment escalates significantly for aggravated categories, such as rape by a person in a position of authority (like a police officer or public servant), gang rape, or rape causing the victim's death or a persistent vegetative state, each of which is dealt with under separate sub-sections or related provisions carrying enhanced sentences.

The corresponding Bharatiya Nyaya Sanhita provision, Section 64, retains the same punishment framework and survivor protections for offences after 1 July 2024.

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 IPC Section 376 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.

What is the difference between Section 375 and Section 376?

Section 375 defines what legally constitutes rape — the specific acts and circumstances that qualify. Section 376 is the punishment section that applies once the definition in Section 375 is satisfied.

Is the survivor’s identity protected during the case?

Yes — the law prohibits publishing or disclosing the identity of a rape survivor without authorisation, and trials under this section are typically conducted in-camera (closed to the public) to protect privacy.

Is there a time limit for filing a complaint under this section?

There is no statutory limitation period for filing a rape complaint, recognising that survivors may take time to come forward, though earlier reporting generally strengthens the evidentiary record available to investigators.

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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.