Gang Rape Under the BNS (Section 70): IPC 376D Mapping (2026)
What gang rape means under Section 70 of the Bharatiya Nyaya Sanhita (BNS), how it maps to the old Section 376D of the IPC, the punishment, the special clause for victims under eighteen, and what changed. Last verified October 2026.
Explainer · Criminal Law · BNS
Gang rape is punished under Section 70 of the Bharatiya Nyaya Sanhita (BNS), the new criminal code in force since 1 July 2024. Section 70 replaced Section 376D of the Indian Penal Code (IPC). Where a woman is raped by one or more persons acting together, each faces rigorous imprisonment of not less than twenty years, up to imprisonment for life, and a fine. This explainer sets out what Section 70 covers, the special clause for victims under eighteen, and what changed. Last verified October 2026.
- New section: gang rape is Section 70 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 376D of the IPC.
- Punishment: each person faces rigorous imprisonment not less than 20 years, up to imprisonment for life (remainder of natural life), and a fine paid to the victim.
- Victim under 18: under Section 70(2), life for the remainder of natural life and a fine, or death.
01Why gang rape is a separate offence
When a woman is raped by a group, the law treats it as more grave than a single-accused offence, and it makes every member of the group equally liable. The common intention and the collective act mark gang rape out, so it carries a higher minimum sentence than ordinary rape. This separate treatment has existed in Indian law for years and is carried into the BNS.
Since 1 July 2024 the offence is Section 70 of the BNS, not Section 376D of the IPC. The structure is carried over, with one important addition for cases where the victim is a child.
02What Section 70 covers
Section 70 of the BNS applies where a woman is raped by one or more persons constituting a group, or acting in furtherance of a common intention. In that case each of those persons is deemed to have committed the offence of rape and is punished under Section 70.
The key elements are:
- Rape, as defined in Section 63 of the BNS.
- Committed by one or more persons forming a group or acting with a common intention.
- Each member is equally liable, whether or not each personally committed the act, because of the common intention.
Read with the rape definition
Section 70 relies on the definition of rape in Section 63 of the BNS. The gang element is what makes it a separate and heavier offence.
03Punishment under Section 70(1)
Under Section 70(1), each person involved in a gang rape is punished with rigorous imprisonment for a term not less than twenty years, which may extend to imprisonment for life, meaning imprisonment for the remainder of that person’s natural life, and a fine.
The fine must be just and reasonable to meet the medical expenses and the rehabilitation of the victim, and the fine is to be paid to the victim.
Gang rape carries a floor of twenty years, and the fine is directed to the victim, for medical costs and rehabilitation.
04Section 70(2): victim under eighteen
Section 70(2) is the heavier clause. Where a woman under eighteen years of age is raped by a group or by persons acting in furtherance of a common intention, each of them is punished with imprisonment for life, meaning imprisonment for the remainder of that person’s natural life, and a fine, or with death.
So for a child victim, the gang-rape punishment rises to life for the remainder of natural life, with the death penalty available in the gravest cases.
05Old to new: IPC 376D to BNS 70
Section 376D of the IPC is now Section 70 of the BNS.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Gang rape | Section 376D | Section 70(1) |
| Minimum term | Not less than 20 years | Not less than 20 years |
| Gang rape of a victim under 18 | Dealt with under the POCSO Act and 376DB | Section 70(2), life for remainder of natural life, or death |
The base offence and the twenty-year minimum are carried over from Section 376D. The BNS brings a clear sub-clause, Section 70(2), for a victim under eighteen, with life for the remainder of natural life or death.
06What changed from the old law
The base gang-rape offence and the twenty-year minimum are carried over from Section 376D. The notable additions are the clear Section 70(2) for victims under eighteen, with life for the remainder of natural life or death, and the direction that the fine, set to meet medical costs and rehabilitation, is paid to the victim.
Because the core is carried over, case law on Section 376D still guides how Section 70 is read. The underlying definition of rape is in Sections 63 and 64 of the BNS.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Gang-rape trials turn on precedent for common intention, for sentencing, and for the appreciation of evidence, and they run under strict procedure and timelines. Offences and procedure under Section 70 are charged and litigated in cases across India. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds, so you can pull how courts have applied the common-intention test and the sentencing clauses, or follow a live matter by party or advocate name.
Claw does not use customer case documents to train AI models. Create a FREE Claw account to search and track cases under this section by party or advocate name. For wider research, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 70, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 376D IPC in the BNS?
Section 376D of the IPC, gang rape, is now Section 70 of the Bharatiya Nyaya Sanhita, 2023. The base offence and the twenty-year minimum are carried over, with a new sub-clause for victims under eighteen.
What is the punishment for gang rape under BNS Section 70?
Under Section 70(1), each person faces rigorous imprisonment for not less than twenty years, which may extend to imprisonment for life, meaning the remainder of natural life, and a fine paid to the victim. Under Section 70(2), where the victim is under eighteen, the punishment is life for the remainder of natural life and a fine, or death.
Is gang rape under the BNS bailable?
No. Gang rape under Section 70 is a cognizable and non-bailable offence, triable by the Court of Session.
What changed from Section 376D IPC?
The base offence and the twenty-year minimum are carried over. The notable additions are a clear clause for victims under eighteen, with life for the remainder of natural life or death, and the direction that the fine, set for medical costs and rehabilitation, is paid to the victim.
Does every member of the group face the same punishment?
Yes. Where a woman is raped by one or more persons acting in furtherance of a common intention, each of them is deemed to have committed rape and is punished under Section 70, whether or not each personally committed the act.
Can I track a gang-rape case under Section 70 in Claw?
Yes. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with results in under 5 seconds. It tracks and researches the matter but does not give legal advice.