Introduction
In 2023 the Bharatiya Nyaya Sanhita (BNS) was enacted. It has replaced India’s one of the biggest criminal laws, i.e., the Indian Penal Code which was existing since 1860. It is the biggest transformation in the history of the Indian legal system. Many things has been changed in the new BNS but the most discussed topic is “Changes in the punishment of rape in the BNS from IPC”.
In this article we will look at what are the changes made in the punishment of rape in BNS from IPC and how the punishment effected the society.
Definition Remains the Same, but Changes in the punishment of rape in the BNS from IPC Are Significant
Under the old Indian Penal Code (IPC), Section 375 defined rape and Section 376 prescribed punishments. On the other hand, the BNS defined rape in section 63, the definion remains similar to the earlier. However, the “Changes in the punishment of rape in the BNS from IPC” are not similar. The BNS provides a stricter punishment, previously the IPC provides a minimum of 7 years imprisonment for simple rape but section 64 of the BNS strengthen it to minimum 10 years and may extend it to the remaining lifetime.
Aggravated Offences and Special Categories Strengthened
The BNS retains aggravated rape provisions similar to IPC provisions like 376(2), 376-AB, etc., but with clearer categorisation.
These include:
- Rape of minors
- Rape causing death or vegetative state
- Rape by persons in authority, custodial rape, or rape in situations of trust
Each of these offences carries higher punishment brackets under the BNS, once again contributing to the “Changes in the punishment of rape in the BNS from IPC” by making aggravated categories even more stringent.
Provisions for Gang Rape
The provisions for Gang Rape has been changed drastically. Under IPC, age-based distinctions were not uniformly aligned.
In BNS Section 70, gang rape of any woman carries severe penalties, but gang rape of a woman under 18 years now attracts life imprisonment or death penalty.
This uniform age threshold of 18 years is one of the clearest and strongest “Changes in the punishment of rape in the BNS from IPC”.
New Offence Introduced: Rape by Deceit
A notable addition under Section 69 is the criminalisation of sexual intercourse obtained through deceit, especially false promises to marry.
Earlier, under the IPC, such cases were prosecuted under cheating or misuse of consent, but not as a specific rape sub-offence. The BNS formalises this and provides punishment up to 10 years. This expansion of criminal liability forms an important part of the “Changes in the punishment of rape in the BNS from IPC”.
Repeat Offenders Face Stricter Punishment
The BNS also enhances penalties for repeat offences. Under Section 71, repeated acts of rape now attract life imprisonment or higher, reflecting yet another aspect of the “Changes in the punishment of rape in the BNS from IPC” meant to deter habitual offenders.
Conclusion
The “Changes in the punishment of rape in the BNS from IPC” are very evident. It has increased the penalties and created stricter rules for serious offences. So, now according to the new law, sexual offences will be taken more seriously and it can be assumed that due to the “Changes in the punishment of rape in the BNS from IPC” the crime rate may decrese in future.
However, some things are also there which need to be worked out. For example, the question of marital rape and the need for gender-neutral laws, are still not clarified properly. Work needs to be done on these things.
About Author: Ruchi Dalmia holds an LL.M. in Corporate Law and is building her career in the corporate legal field. She possesses strong skills in contract drafting, paralegal work, and legal research. Passionate about Corporate and Commercial Laws, she enjoys exploring how legal principles operate within real-world business contexts. Through her writing, Ruchi strives to make complex legal topics clear, practical, and accessible for readers.