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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter V: Of Offences Against Woman And Child

Section 70 BNS: Gang rape

Corresponding IPC
Section 376D, 376DA, 376DB IPC
Punishment
Rigorous imprisonment 20 years to life (natural life), and fine; if victim under 18: imprisonment for life (natural life), and fine, or death
Note
Merges IPC 376D, 376DA and 376DB; the death penalty applies where the victim is under eighteen.

Classification of offence

SectionCognizable?Bailable?Triable by
70(1)CognizableNon-bailableCourt of Session
70(2)CognizableNon-bailableCourt of Session

As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bare Act text

(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.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Where a woman is raped by a group acting with a common intention, each member is deemed to have committed rape. Penalty is heavier if the victim is under eighteen. Fine must be just and reasonable for the victim's medical expenses and rehabilitation, and is paid to the victim.

Chapter V: Of Offences Against Woman And Child

  1. 63 Rape
  2. 64 Punishment for rape
  3. 65 Punishment for rape in certain cases
  4. 66 Punishment for causing death or resulting in persistent vegetative state of victim
  5. 67 Sexual intercourse by husband upon his wife during separation
  6. 68 Sexual intercourse by a person in authority
  7. 69 Sexual intercourse by employing deceitful means, etc
  8. 70 Gang rape
  9. 71 Punishment for repeat offenders
  10. 72 Disclosure of identity of victim of certain offences, etc
  11. 73 Printing or publishing any matter relating to Court proceedings without permission
  12. 74 Assault or use of criminal force to woman with intent to outrage her modesty
  13. 75 Sexual harassment
  14. 76 Assault or use of criminal force to woman with intent to disrobe
  15. 77 Voyeurism
  16. 78 Stalking
  17. 79 Word, gesture or act intended to insult modesty of a woman
  18. 80 Dowry death
  19. 81 Cohabitation caused by man deceitfully inducing belief of lawful marriage
  20. 82 Marrying again during lifetime of husband or wife
  21. 83 Marriage ceremony fraudulently gone through without lawful marriage
  22. 84 Enticing or taking away or detaining with criminal intent a married woman
  23. 85 Husband or relative of husband of a woman subjecting her to cruelty
  24. 86 Cruelty defined
  25. 87 Kidnapping, abducting or inducing woman to compel her marriage, etc
  26. 88 Causing miscarriage
  27. 89 Causing miscarriage without woman's consent
  28. 90 Death caused by act done with intent to cause miscarriage
  29. 91 Act done with intent to prevent child being born alive or to cause to die after birth
  30. 92 Causing death of quick unborn child by act amounting to culpable homicide
  31. 93 Exposure and abandonment of child under twelve years of age, by parent or person having care of it
  32. 94 Concealment of birth by secret disposal of dead body
  33. 95 Hiring, employing or engaging a child to commit an offence
  34. 96 Procuration of child
  35. 97 Kidnapping or abducting child under ten years of age with intent to steal from its person
  36. 98 Selling child for purposes of prostitution, etc
  37. 99 Buying child for purposes of prostitution, etc
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