Bharatiya Nyaya Sanhita, 2023
BNS Section 70
Gang rape
In one line
BNS Section 70 deals with gang rape and replaces IPC 376D (now 70(1)), IPC 376DB (now 70(2)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 70(1) | Gang rape. | Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 70(2) | Gang rape on a woman under eighteen years of age. | Imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine or with death. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 70
70. Gang rape.
(1) Where a woman 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 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 with fine: 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 sub-section shall be paid to the victim.
(2) Where a woman under eighteen 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 sub-section shall be paid to the victim.
What changed from the IPC
- IPC 376D → BNS 70(1): No Change except IPC section is included as subsection in BNS.
- IPC 376DB → BNS 70(2): In 376DB IPC, the age of the victim is 12 years, and punishment is the death penalty.
- IPC 376DB → BNS 70(2): In 70(2) BNS, the age of the victim is under 18 years, and punishment is the death penalty.
- IPC 376DB → BNS 70(2): Section is included as a sub-section in BNS, sans heading.
Frequently asked
What was BNS Section 70 in the IPC?
BNS Section 70 (Gang rape) replaces Sections 376D, 376DB of the Indian Penal Code, 1860. IPC 376D is now BNS 70(1). IPC 376DB is now BNS 70(2).
What is the punishment under BNS 70(1)?
Gang rape – punishable 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 with fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 70(2)?
Gang rape on a woman under eighteen years of age – punishable with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 70 bailable?
Non-bailable: BNS 70(1), 70(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 65 — Punishment for rape in certain cases
- BNS 66 — Punishment for causing death or resulting in persistent vegetative state of victim
- BNS 67 — Sexual intercourse by husband upon his wife during separation
- BNS 68 — Sexual intercourse by a person in authority
- BNS 69 — Sexual intercourse by employing deceitful means, etc
- BNS 71 — Punishment for repeat offenders
- BNS 72 — Disclosure of identity of victim of certain offences, etc
- BNS 73 — Printing or publishing any matter relating to Court proceedings without permission
- BNS 74 — Assault or use of criminal force to woman with intent to outrage her modesty
- BNS 75 — Sexual harassment