Gang rape
Section 70 of the Bharatiya Nyaya Sanhita, 2023 deals with gang rape. 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 wh The Act came into force on 01 Jul 2024.
(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.
Section 70, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 9
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 193
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 482
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 483
- 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. 482 Direction for grant of bail to person apprehending arrest
- Bharatiya Nagarik Suraksha Sanhita s. 483 Special powers of High Court or Court of Session regarding bail
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 |
|---|---|---|---|---|
| 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. |
| 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. |
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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Mukesh v. State (NCT of Delhi)
Decided under Indian Penal Code 376D, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Judgment of Main Case order-95.pdf 2017-05-05 (not same-date order-94/96 ROPs). Crl A 609-610/2017 (Nirbhaya). Confirms conviction for gang rape (post-2013 IPC 376D) and murder on the Delhi bus facts; the 2013 gang-rape offence is the statutory predecessor of BNS 70. IndiaCode ipc 376D in this dump is the pre-2013 hospital-staff heading (maps weakly to BNS 68) — do not attach this file to that unit. Map bns 70 only, basis successor, decided_under ipc 376D (2013 gang-rape offence).
On this section: BNS 70 (gang rape) is the statutory successor of the post-2013 IPC 376D gang-rape offence. Nirbhaya confirms conviction for concerted sexual assault by more than one person. IndiaCode ipc 376D in this dump is the pre-2013 hospital-staff heading (maps weakly to BNS 68) — this file is not attached to that unit.
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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… Direction for grant of bail to person apprehending arrest. - (1) xxx - (2) xxx - (3) xxx - (4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under Section 65 and sub-section (2) of Section 70 of the Bharatiya Nyaya Sanhita, 2023." - 11. This Court considered the impact of Section 438(4) Cr.PC, which corresponds to Section 482(4) of BNSS in XXX v. State of Kerala [2023 (6) KHC 158]. It will be better to extract the relevant portion of the above …
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… to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice:Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under section 65 or subsection (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application. - (2) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the …
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… bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice:Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under section 65 or subsection (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application. - (2) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the …
Questions about Section 70
What have the courts held on Section 70 of the Bharatiya Nyaya Sanhita?
Mukesh v. State (NCT of Delhi) (05 May 2017) is the leading judgment on this section among those set out below, though it was decided under IPC 376D, which this section replaced -- the court never mentioned this Act: BNS 70 (gang rape) is the statutory successor of the post-2013 IPC 376D gang-rape offence. Nirbhaya confirms conviction for concerted sexual assault by more than one person. IndiaCode ipc 376D in this dump is the pre-2013 hospital-staff heading (maps weakly to BNS 68) — this file is not attached to that unit.
Is Section 70 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 70 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 70 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 70, section 70 BNS, section 70 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 70 1 in hindi and bns 70 2 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mukesh v. State (NCT of Delhi) (05 May 2017).
What should I read with Section 70 of the Bharatiya Nyaya Sanhita, and has it changed?
9 other provisions in this corpus refer back to it.
When did Section 70 of the Bharatiya Nyaya Sanhita come into force?
Section 70 of the Bharatiya Nyaya Sanhita, cited as BNS 70, 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.
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- 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 15 Oct 2026. This page is not a substitute for legal advice.