Punishment for rape
Section 64 of the Bharatiya Nyaya Sanhita, 2023 deals with punishment for rape. Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. The Act came into force on 01 Jul 2024.
(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
(2) Whoever,---
(a) being a police officer, commits rape,---
(i) within the limits of the police station to which such police officer is appointed; or
(ii) in the premises of any station house; or
(iii) on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or
(b) being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or
(c) being a member of the armed forces deployed in an area by the Central Government or a State Government commits rape in such area; or
(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or
(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing her to be pregnant; or
(i) commits rape, on a woman incapable of giving consent; or
(j) being in a position of control or dominance over a woman, commits rape on such woman; or
(k) commits rape on a woman suffering from mental or physical disability; or
(l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
(m) commits rape repeatedly on the same woman,
shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.
Explanation.---For the purposes of this sub-section,
(a) "armed forces" means the naval, army and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government;
(b) "hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;
(c) "police officer" shall have the same meaning as assigned to the expression "police" under the Police Act, 1861 (5 of 1861);
(d) "women's or children's institution" means an institution, whether called an orphanage or a home for neglected women or children or a widow's home or an institution called by any other name, which is established and maintained for the reception and care of women or children.
Section 64, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 376 Punishment for rape Close, with changes 75%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 11
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 193
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 219
- Bharatiya Sakshya Adhiniyam, 2023 (Draft stage of the translated version) s. 120
- s. 66 Punishment for causing death or resulting in persistent vegetative state of victim
- s. 68 Sexual intercourse by a person in authority
- s. 71 Punishment for repeat offenders
- s. 72 Disclosure of identity of victim of certain offences, etc
- s. 199 Public servant disobeying direction under law
- Bharatiya Nagarik Suraksha Sanhita s. 193 Report of police officer on completion of investigation
- Bharatiya Nagarik Suraksha Sanhita s. 219 Prosecution for offences against marriage
- Bharatiya Sakshya Adhiniyam s. 120 Presumption as to absence of consent in certain prosecution for rape
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Rape. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life, and fine. | Cognizable. | Non-bailable. | Court of Session. |
| Rape by a police officer or a public servant or member of armed forces or a person being on the management or on the staff of a jail, remand home or other place of custody or women's or children's institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person's natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Independent Thought v. Union of India
Decided under Indian Penal Code 376, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Exception 2 to section 375 IPC, which treated sexual intercourse by a husband with his wife aged 15-18 as not rape, is unconstitutional. Sexual intercourse with a girl below 18 is rape even if she is married.
On this section: BNS 64 is the successor punishment provision; the child-wife holding on IPC 376 applies by succession.
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Subhranshu Rout @ Gugul v. State of Odisha
Decided under Indian Penal Code 376, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Bail refused in a rape/IT-Act pornography case. The Court recognised a victim's right to be forgotten / right to erasure as part of Article 21 privacy (Puttaswamy applied) against non-consensual circulation of intimate images, while holding that CrPC 439 bail could not be used to force takedown as a condition in lieu of custody analysis. AFR full judgment of S.K. Panigrahi J. Do not use same-date order-7.pdf (unverified).
On this section: Successor copy of IPC 376 rape holding.
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JITRAM ORAON vs STATE
Court's Decision & Legal Precedent
In POCSO matters, the hostility of a parent/informant is not a sufficient ground for bail if the child victim's own testimony and medical evidence provide a prima facie case of guilt.
On this section: Charging sections for rape on a minor.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… ss HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(M) 1198 of 2025 In Re:- An application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with TR Case No.183 of 2024 arising out of Bally Police Station Case No.141 of 2024 dated 03.11.2024 under Sections 64 of the Bharatiya Nyaya Sanhita, 2023 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006 pending before the Court of learned Judge, Special (POCSO) Court, Howrah. And In Re : XXX …. Petitioner Md. Wasim Akram Mr. …
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… to Special (POCSO) No.46 of 2024 arising out of Chanditala Police Station Case No.764 of 2024 dated September 23, 2024 under Section 64 of the Bharatiya Nyaya Sanhita, 2023 read with Section 6(1) of the Protection of Children from Sexual Offences Act, 2012 wherein charges has been framed on March 06, 2025 under Section 64 of the Bharatiya Nyaya Sanhita, 2023 read with Sections 6(1)/8 of the Protection of Children from Sexual Offences Act, 2012 now pending before the Court of the Learned Judge, Special Court cum Additional Sessions Judge, 1st Court, Serampore, Hooghly. -And- In the matter of : Sayan Roy @ Sayan Ray & Anr. … …
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… Pradeep Chamyal, Advocate for the applicant. Mr. Virendra Singh Rawat, AGA for the State. Hon'ble Ravindra Maithani, J. (Oral) The applicant seeks anticipatory bail in FIR No.250 of 2024 dated 27.07.2024, under Section 376 IPC and Section 64 of the Bharatiya Nyaya Sanhita 2023, Police Station Sitarganj, District Udham Singh Nagar. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, the applicant had been sexually exploiting the informant for the last six months prior to lodging of the FIR under the pretext of …
Questions about Section 64
What have the courts held on Section 64 of the Bharatiya Nyaya Sanhita?
Independent Thought v. Union of India (11 Oct 2017) is the leading judgment on this section among those set out below, though it was decided under IPC 376, which this section replaced -- the court never mentioned this Act: BNS 64 is the successor punishment provision; the child-wife holding on IPC 376 applies by succession. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2017 to 2025.
Is Section 64 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 64 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 64 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 64, section 64 BNS, section 64 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 64(1) in hindi and bns 64(2) in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Independent Thought v. Union of India (11 Oct 2017).
What should I read with Section 64 of the Bharatiya Nyaya Sanhita, and has it changed?
11 other provisions in this corpus refer back to it. It carries forward IPC 376 (Punishment for rape), so the judgments decided under that provision are the case law on this one.
When did Section 64 of the Bharatiya Nyaya Sanhita come into force?
Section 64 of the Bharatiya Nyaya Sanhita, commonly called rape, and cited as BNS 64, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.