● Modified in BNS
IPC Section 376 punished rape with rigorous imprisonment of at least 10 years, extendable to life, and fine. Under the BNS, the same offence and punishment continue as Section 64. It is a cognizable, non-bailable, non-compoundable offence tried before the Court of Session, generally in camera.
Section 376 IPC punished rape (as defined in Section 375) with rigorous imprisonment of not less than 10 years, extendable to life imprisonment, and fine, with enhanced minimum sentences for specified aggravating circumstances.
BNS Section 64 retains the offence and punishment without substantive change: rigorous imprisonment of not less than 10 years, extendable to life, and fine, with the same structure of enhanced punishment for aggravating circumstances carried forward from the IPC.
Substance retained; IPC 376 is renumbered to BNS Section 64, with the definition of the offence itself (formerly IPC 375) renumbered to BNS Section 63.
Rigorous imprisonment of not less than 10 years, extendable to imprisonment for life, and fine.
IPC 376 is non-bailable.
This is a cognizable offence.
Non-compoundable.
Matters under IPC 376 are tried before the Court of Session (trial generally held in camera).
Given the gravity of the offence, generic defence templates are not useful here; specific facts, medical and forensic evidence, and applicable aggravating provisions (for example where the victim is a minor or the offender is in a position of authority) heavily affect both the charge and the outcome. Anyone facing or bringing such a case should consult an advocate directly rather than rely on general guidance.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons