Indian criminal law | IPC and BNS explained
IPC Section 376DB: Gang Rape of a Girl Below 12 Years - Punishment and BNS Section 70(2)
Section 376DB of the Indian Penal Code, 1860 dealt with gang rape of a girl below twelve years. It provided life imprisonment for the remainder of natural life and a fine, or the death penalty. For offences committed after the new criminal laws came into force on 1 July 2024, the corresponding provision is Section 70(2) of the Bharatiya Nyaya Sanhita, 2023, covering victims below eighteen years.
Important distinction: IPC Section 376DB used an under-12 age threshold. BNS Section 70(2) uses an under-18 threshold. The date of the alleged offence, statutory saving provisions and case facts determine the applicable law; repeal does not automatically erase liability for earlier offences.
Text of IPC Section 376DB - Gang rape of woman under twelve years
Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine, or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.
Historical IPC text reproduced for reference. The IPC provision was introduced by the Criminal Law (Amendment) Act, 2018. The current BNS provision should be consulted for post-commencement offences.
Essential ingredients of the offence
- Victim below twelve years: Under former IPC Section 376DB, the victim had to be below 12 years at the relevant time.
- Rape: The act must satisfy the legal definition of rape under IPC Section 375, read with the relevant facts and evidence.
- Group or common intention: Rape must be committed by one or more persons constituting a group or acting in furtherance of common intention.
- Deemed individual liability: The statute attributes liability to each qualifying participant, subject to proof of the necessary elements and involvement.
Punishment under IPC Section 376DB
The punishment was imprisonment for life for the remainder of the offender's natural life and fine, or death. The fine had to be just and reasonable to meet medical expenses and rehabilitation needs and had to be paid to the victim. A death sentence is not automatic: sentencing must comply with applicable constitutional and judicial standards.
Current law: BNS Section 70(2)
Section 70 of the Bharatiya Nyaya Sanhita, 2023 addresses gang rape. Under Section 70(2), where a woman under eighteen years is raped by one or more persons constituting a group or acting in furtherance of common intention, each such person is deemed to have committed rape and is punishable with imprisonment for life for the remainder of natural life and fine, or death. The statutory fine provisions address medical expenses, rehabilitation and payment to the victim.
| Issue | Former IPC | Current BNS |
|---|---|---|
| Provision | Section 376DB | Section 70(2) |
| Victim age | Below 12 years | Below 18 years |
| Nature of offence | Gang rape / group or common intention | Gang rape / group or common intention |
| Punishment | Life for remainder of natural life and fine, or death | Life for remainder of natural life and fine, or death |
| Fine | For medical expenses and rehabilitation; paid to victim | For medical expenses and rehabilitation; paid to victim |
For gang rape involving an adult woman, BNS Section 70(1) provides a different sentencing framework. The relevant provision depends on age and the proven offence.
POCSO Act and protection of children
The Protection of Children from Sexual Offences Act, 2012 (POCSO) protects children below 18 years. Depending on the conduct, Sections 3 and 5 (penetrative sexual assault and aggravated penetrative sexual assault, including group participation under Section 5(g)) and Section 6 (punishment) may be relevant. The court must consider the precise charging provisions and statutory rules when offences overlap.
Proceedings involving children require safeguards such as protection of identity, child-sensitive recording of statements, special-court procedures and access to appropriate support. Publication of identifying information about a child victim is legally restricted.
Reporting, investigation and victim rights
Allegations should be reported promptly to the police or relevant child-protection authorities. The Bharatiya Nagarik Suraksha Sanhita, 2023 governs applicable criminal procedure for new cases, subject to transitional provisions. Medical care, evidence preservation, appropriate assistance and confidentiality are important. Victim compensation and rehabilitation may also be available under applicable legal schemes independently of the fine imposed at sentencing.
Official legislation and further reading
- India Code - official central legislation database (search for the Bharatiya Nyaya Sanhita, 2023, Section 70; the Indian Penal Code, 1860, Section 376DB; and the POCSO Act, 2012).
- Ministry of Home Affairs - notifications and resources on the new criminal laws.
- Supreme Court of India - official judgments and court information.
Frequently asked questions
What is the punishment under IPC Section 376DB?
For a gang rape involving a girl below 12 years, IPC Section 376DB prescribed imprisonment for the remainder of the offender's natural life and a fine, or death. The fine was to be reasonable for medical expenses and rehabilitation and paid to the victim.
Which BNS provision corresponds to IPC Section 376DB?
BNS Section 70(2) addresses gang rape of a woman under 18 years. It prescribes imprisonment for life for the remainder of natural life and a fine, or death.
Does BNS Section 70(2) apply only to girls below 12?
No. The BNS provision applies where the victim is under 18 years. The former IPC Section 376DB specifically concerned victims below 12.
Does every member of a group have to commit penetration?
The statutory rule deems each person in a group, or acting in furtherance of common intention, responsible where the legal elements are established. Liability must be assessed on the evidence in the individual case.
Can the POCSO Act apply in addition to the BNS?
Yes. Sexual offences involving persons below 18 may also attract the Protection of Children from Sexual Offences Act, 2012, depending on the facts and the applicable statutory provisions.
This article provides general legal information and is not a substitute for advice on the facts of a particular case. Last reviewed: 30 October 2026.