Section 64 of the Bharatiya Nyaya Sanhita, 2023 (BNS) prescribes the punishment for rape. It is the successor of the base punishment provision in Section 376(1) of the Indian Penal Code, which it replaced when the BNS came into force on 1 July 2024. The offence of rape itself is defined separately, in Section 63 BNS (the old Section 375 IPC).
What Section 64 BNS provides
- Section 64(1) - whoever commits rape shall be punished with rigorous imprisonment for not less than ten years, which may extend to imprisonment for life, and shall also be liable to fine. Ten years is a mandatory minimum, not a starting point the court may go below.
- Section 64(2) - a higher bracket for rape committed in aggravated circumstances, for example by a police officer, a public servant, a member of the armed forces, the staff of a jail or hospital, or a relative, guardian, teacher or person in a position of trust or authority towards the woman. Here too the minimum is rigorous imprisonment for ten years, but it may extend to imprisonment for the remainder of the person's natural life.
- Terminology Update in Explanation: Under the explanation of "armed forces", BNS Section 64 modernizes the language by changing "naval, military and air forces" (IPC) to "naval, army and air forces".
Under the official comparison table, the aggravated forms that the IPC spread across Sections 376(2) to 376E - including rape causing death or a persistent vegetative state, rape of minors, gang rape and repeat offenders - are now dealt with in Sections 65 to 71 BNS.
How a rape case proceeds
The offence is cognizable - the police must register an FIR and may arrest without a warrant - and non-bailable, and it is triable by the Court of Session. The trial is held in camera and the law strictly protects the identity of the victim. On evidence, the Supreme Court held in State of Punjab v. Gurmit Singh (1996) that a conviction can rest on the sole testimony of the prosecutrix if it inspires confidence; corroboration is not a legal requirement.
What changed from Section 376 IPC
In substance, very little for the base offence: the punishment in Section 376(1) IPC - rigorous imprisonment of not less than ten years, extendable to life, with fine - is carried into Section 64 BNS with the sub-section modified in form. The real change is structural. The IPC packed the entire punishment scheme into Section 376 and the alphabet of sections added over the years (376A to 376E); the BNS spreads the same scheme across Sections 64 to 71, one provision per topic, with the definition standing alone in Section 63. A case arising from an offence committed before 1 July 2024 continues under Section 376 IPC even if the trial concludes later.
Involved in a case under this section, as a survivor or as an accused? These are Sessions trials in which the earliest steps - the FIR, the medical evidence, the first statements - matter enormously. Talk to a criminal lawyer in your city or browse advocates in the Free Law directory.