IPC §376DA → BNS §70

Punishment for gang rape on woman under sixteen years of age

ModifiedConfidence: mediumStatus: cross checkedconsolidation context(observed)scope drift(observed)scope drift(observed)
Last updated 2026-05-01 · Input coverage: partial

Compiled by AI-assisted tools. Text verified against official sources where indicated. Field-level labels (AI-indicated / AI-inferred / Text-verified) apply per edge metadata. Verify current bail/cognizable status against official sources before relying on procedural claims. Last updated: 2026-04-28.

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Comparison

Old law
IPC §376DA
Punishment for gang rape on woman under sixteen years of age

376DA. Punishment for gang rape on woman under sixteen years of age.—Where a woman under sixteen 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: 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.

New law
BNS §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 changedAI-inferred

IPC 376DA absorbed into BNS 70(2) with protected age threshold expanded from under-16 to under-18.

Old position

IPC 376DA is the protected-tier punishment statute for the offence under IPC 375 when committed by a group against a victim under sixteen years. Each member of the group is deemed to have committed the offence and is punishable with imprisonment for life (meaning remainder of natural life) and fine. Provisos require the fine to be just and reasonable for medical expenses and rehabilitation, and to be paid to the victim.

New position

BNS 70 (Gang rape) consolidates IPC 376D (general tier), IPC 376DA (under-sixteen tier), and IPC 376DB (under-twelve tier) into a two-tier structure. BNS 70(1) covers the general tier (rigorous imprisonment 20 years to life + fine). BNS 70(2) covers the protected tier for victims under eighteen (life imprisonment + fine OR death). The IPC 376DA territory is absorbed into BNS 70(2), with the protected age threshold widened from under-sixteen to under-eighteen and the death-penalty alternative extended to this wider tier.

Editorial deltaAI-indicated (source-linked)

What is preserved: Operative spine of group commission of the offence under IPC Section 375 (where the offence is committed by one or more persons constituting a group or acting in furtherance of a common intention, each is deemed to have committed the offence). Provisos on victim-rehabilitation fine and direct payment to the victim are preserved.

What changed (consolidation): BNS Section 70 absorbs three IPC sections — IPC Section 376D (general tier), IPC Section 376DA (protected under-sixteen tier), and IPC Section 376DB (most-protected under-twelve tier) — into a two-tier structure. For the IPC Section 376DA territory specifically: the protected class widens from woman under sixteen years to woman under eighteen years, and the punishment adds or with death as an alternative limb to life imprisonment.

Consolidation note: This page covers only the IPC Section 376DA -> BNS Section 70(2) fragment of the consolidation. For the full cluster, see also the IPC Section 376D -> BNS Section 70(1) and IPC Section 376DB -> BNS Section 70(2) mappings.

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, IPC 376DA continues to apply. For matters from that date forward, BNS 70(2) applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358); pending proceedings under the old code carry forward in their existing frame.

Frequently asked

BNS 70 (Gang rape), specifically sub-section 70(2). The relationship is classified as modified with consolidation context — BNS 70 absorbs IPC 376D + 376DA + 376DB into a two-tier structure.

Cite this page

Newlaws.in, IPC §376DA → BNS §70 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/376DA.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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