IPC 376 in BNS: Rape is Now Section 64
IPC Section 376 was the punishment provision for rape, while Section 375 defined the offence. Under the new code, the definition and punishment are split slightly differently: rape is defined in BNS Section 63, and its punishment is Section 64.
IPC → BNS ConverterOpen →Punishment under BNS 64
The core punishment structure is carried over: rigorous imprisonment of not less than ten years, extendable to imprisonment for life, along with a fine. Aggravated categories — such as offences against minors or by persons in a position of authority — continue to attract enhanced punishment under adjoining sections (65 onward), just as IPC 376A–376E did.
Why the section split matters
Because BNS separates the definition (Section 63) from the punishment (Section 64), an FIR or charge sheet drafted after 1 July 2024 should cite both where relevant, not just a single number. This mirrors how the IPC itself worked with 375 and 376 — the habit of citing the punishment section carries over, but check the definition section too when drafting.
Frequently asked
- Is BNS 64 bailable?
- No. Like IPC 376, offences under BNS 64 are non-bailable and cognizable, triable by the Court of Session. Bail is decided by the Sessions Court or High Court on the specific facts — always consult an advocate and verify classification against the bare act.
- Where is the definition of rape now?
- The definition, previously in IPC Section 375, is now in BNS Section 63. Section 64 covers the punishment, corresponding to the old IPC Section 376.
Reference only — not legal advice. Verify with the official bare act and consult an advocate.