Indian criminal law | Updated 30 October 2026
IPC Section 376: Punishment for Rape and Current BNS Sections 64 and 65
Section 376 of the Indian Penal Code, 1860, prescribed punishment for rape, including aggravated rape and rape of a woman under sixteen. Since 1 July 2024, the principal corresponding provisions for new offences are sections 64 and 65 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The date of the alleged act and applicable transitional rules matter when determining which statute governs a case.
Current law: BNS section 64
Section 64(1) - General punishment
Except in the cases covered by section 64(2), the sentence is rigorous imprisonment for not less than ten years, which may extend to imprisonment for life, and a fine. This provision corresponds broadly to IPC section 376(1).
Section 64(2) - Aggravated rape
Section 64(2) covers specified situations involving abuse of official position, trust or authority, vulnerability of the victim, and particular circumstances of the offence. The punishment is rigorous imprisonment of not less than ten years, extendable to imprisonment for the remainder of the offender's natural life, and a fine.
The statutory categories include the following:
- A police officer acting within specified police-station premises, jurisdiction or custody circumstances.
- A public servant committing rape upon a woman in the custody of that servant or a subordinate.
- A member of the armed forces deployed in an area committing rape in that area.
- Management or staff of a jail, remand home, custody facility, women's or children's institution, or hospital, in the circumstances specified by law.
- A relative, guardian, teacher, or other person in a position of trust or authority towards the woman.
- Rape during communal or sectarian violence; rape knowing the woman to be pregnant; or rape of a woman incapable of giving consent.
- A person in a position of control or dominance; rape of a woman with mental or physical disability.
- Rape causing grievous bodily harm, maiming, disfigurement or danger to life; or repeated rape of the same woman.
Definitions used in section 64(2)
Armed forces includes naval, army and air forces, and forces constituted under law, including specified paramilitary and auxiliary forces under government control. Hospital includes hospital precincts and specified facilities for convalescence, medical attention or rehabilitation. Police officer is defined by reference to the Police Act, 1861. Women's or children's institution includes orphanages, homes and similar establishments maintained for the reception and care of women or children. The precise statutory wording should be consulted for application to particular facts.
BNS section 65 - Rape in certain cases involving minors
| Provision | Punishment |
|---|---|
| BNS section 65(1): rape of a woman under sixteen years | Rigorous imprisonment of at least twenty years, extendable to imprisonment for the remainder of natural life, and a fine. The fine must be just and reasonable for medical expenses and rehabilitation and paid to the victim. |
| BNS section 65(2): rape of a woman under twelve years | Rigorous imprisonment of at least twenty years, extendable to imprisonment for the remainder of natural life, and fine, or death, subject to the statutory terms concerning victim compensation. |
Under the former IPC, section 376(3) addressed rape of a girl under sixteen, while section 376AB addressed rape of a girl under twelve. The BNS places these offences in section 65.
IPC 376 and BNS: Corresponding provisions
| Earlier IPC provision | Current BNS provision | Subject |
|---|---|---|
| 376(1) | 64(1) | General punishment for rape |
| 376(2) | 64(2) | Aggravated rape |
| 376(3) | 65(1) | Rape of a woman under sixteen |
| 376AB | 65(2) | Rape of a woman under twelve |
| 376A | 66 | Death or persistent vegetative state |
| 376D and related group-rape provisions | 70 | Gang rape |
| 376E | 71 | Repeat offenders |
Cognizability, bail and trial
Offences under BNS sections 64 and 65 are cognizable and non-bailable and are triable by a Court of Session under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Non-bailable does not mean that bail is categorically prohibited; the court applies the governing legal requirements.
Historical text: IPC Section 376 as retained from the original webpage
The following is the substantive IPC section 376 text contained in the original webpage, retained for historical reference. It covers subsections (1), (2) and (3), but the original webpage does not reproduce every subsequent IPC provision on sexual offences. The former IPC text should not be mistaken for the law governing all offences committed after 1 July 2024.
1 Whoever, except in the cases provided for in sub-section 2, commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
2 Whoever,-
a being a police officer, commits rape-
i within the limits of the police station to which such police officer is appointed; or
ii in the premises of any station house; or
iii on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or
b being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or
c being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or
d being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or
e being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
f being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
g commits rape during communal or sectarian violence; or
h commits rape on a woman knowing her to be pregnant; or
j commits rape, on a woman incapable of giving consent; or
k being in a position of control or dominance over a woman, commits rape on such woman; or
l commits rape on a woman suffering from mental or physical disability; or
m while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
n commits rape repeatedly on the same woman,
shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.
Explanation.-For the purposes of this sub-section,-
a "armed forces" means the naval, military and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government;
b "hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;
c "police officer" shall have the same meaning as assigned to the expression "police" under the Police Act, 1861 5 of 1861;
d "women's or children's institution" means an institution, whether called an orphanage or a home for neglected women or children or a widow's home or an institution called by any other name, which is established and maintained for the reception and care of women or children.
3 Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Official legislation and further reading
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (sections 63 to 71).
- National Crime Records Bureau - BNS chapter text.
- India Code official legislation portal for the BNSS, IPC and related laws.
Frequently asked questions
What is the punishment for rape under the current BNS?
Ordinarily, section 64(1) provides rigorous imprisonment of at least ten years, extendable to life, and a fine. Aggravated offences and offences involving minors carry separate statutory penalties.
Is IPC section 376 still relevant?
Yes. It remains important for interpreting and prosecuting conduct governed by the IPC before the BNS commencement, subject to applicable savings and transitional rules. New offences are generally governed by the BNS.
Is rape a bailable offence?
No. Offences under BNS sections 64 and 65 are classified as non-bailable. Applications for bail are considered under the applicable procedural law.
This article is general legal information. Statutory application depends on the offence date, facts, amendments and binding judicial decisions.