BNS Section 64 (IPC 376): punishment for rape
The number the offence has now and the number it had, how a survivor reports it, and the treatment, compensation and privacy the law provides.
Section 64 of the Bharatiya Nyaya Sanhita sets the punishment for rape, and replaced section 376 of the Indian Penal Code for offences committed on or after 1 July 2024. The punishment is rigorous imprisonment of at least ten years, up to life, and fine; in the circumstances listed in section 64(2), life means the remainder of natural life. It is cognizable, non-bailable, not compoundable and tried by a Court of Session. Every hospital must treat a survivor immediately and free of cost.
Punishes rape as defined in section 63, with life meaning the remainder of natural life where the offender held custody, trust or authority over the woman, or in the other circumstances section 64(2) lists.
- Now
- BNS 64 — Punishment for rape
- Was
- IPC 376
- Punishment
- Rigorous imprisonment of 10 years to life, and fine
- Arrest without warrant
- Cognizable
- Bail
- Non-bailable
- Compounding
- Not compoundable
- Tried by
- Court of Session
Read this first: Every hospital, public or private, must give a survivor first aid or treatment immediately and free of cost (BNSS s. 397), and the police must complete the investigation within two months (s. 193(2)).
One provision of the Indian Penal Code was spread across more than one provision of the Bharatiya Nyaya Sanhita. Describing this as a renumbering would be wrong.
| IPC 376 | becomes BNS 64 | split |
|---|
Key takeaways
- Section 63 defines rape and section 64 punishes it; the old section 376 was divided, and its provision on a woman under sixteen is now section 65(1).
- A woman can report at any police station, whatever the area, and a woman police officer or woman officer must record her information (BNSS s. 173(1)).
- With her consent, she is sent for medical examination within twenty-four hours of the police receiving the information, and no examination is lawful without that consent (s. 184).
- The investigation must be completed within two months of the information being recorded, and the trial within two months of the charge-sheet (ss. 193(2), 346(1)).
- Every hospital, public or private, must treat her at once and free of cost, and publishing her identity is itself an offence (BNSS s. 397; BNS s. 72).
What BNS 64 covers
The section is made out when each of the elements below is present. They are set out in the order the Act states them.
- One of the acts described in section 63
Clauses (a) to (d) of section 63 set out the sexual acts that make up the offence. They are in the Act as enacted and are not reproduced here.
and - In any of the seven circumstances section 63 lists
Against her will; without her consent; with consent obtained by putting her in fear of death or hurt; with consent given in the belief that he is her husband; with consent she could not understand because of unsoundness of mind, intoxication or a substance; when she is under eighteen, with or without consent; or when she is unable to communicate consent.
and - Not within section 63’s two exceptions
A medical procedure or intervention, and sexual acts by a man with his own wife who is not under eighteen. A wife living separately is protected by section 67, a separate offence.
Consent means “an unequivocal voluntary agreement”, communicated by words, gestures or any other form of communication, to the specific act — and a woman who did not physically resist is not, by that fact alone, to be regarded as consenting (s. 63, Explanation 2). Section 63 defines; section 64 punishes.
- WasIPC 376NowBNS 64 — Punishment for rape
- WasIPC 376(3)NowBNS 65(1) — Punishment for rape in certain cases (a woman under sixteen)
From the Ministry of Home Affairs table of corresponding sections. The higher punishments for a woman under sixteen or under twelve are now in section 65, not in section 64.
Is BNS 64 bailable, cognizable and compoundable?
Arrest, bail and the court come from the First Schedule to the BNSS; compounding comes from section 359. What follows from each label is given with it.
64(1)
- ArrestCognizable
The police may register a case and begin investigating on their own, and may arrest without a warrant from a Magistrate. You do not need a court order to get an investigation started.
- BailNon-bailable
Release on bail is not a matter of right. A court decides whether to grant it, and the police cannot release the accused on their own authority.
- CompoundingNot compoundable
The complainant cannot end the case by settling it. BNSS s. 359 lists every offence that may be compounded and this one is not on either list, so only the court can end the case.
- Tried byCourt of Session
Tried by a Court of Session — the more serious tier, reached by way of committal from a Magistrate rather than filed there directly.
64(2)
- ArrestCognizable
The police may register a case and begin investigating on their own, and may arrest without a warrant from a Magistrate. You do not need a court order to get an investigation started.
- BailNon-bailable
Release on bail is not a matter of right. A court decides whether to grant it, and the police cannot release the accused on their own authority.
- CompoundingNot compoundable
The complainant cannot end the case by settling it. BNSS s. 359 lists every offence that may be compounded and this one is not on either list, so only the court can end the case.
- Tried byCourt of Session
Tried by a Court of Session — the more serious tier, reached by way of committal from a Magistrate rather than filed there directly.
Read from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (printed page 176), and section 359 for compounding.
Punishment for rape, against the provisions around it
Both sub-sections carry a minimum of ten years’ rigorous imprisonment and fine. Under section 64(1) the maximum is imprisonment for life; under section 64(2), life means the remainder of the offender’s natural life. Where the woman is under sixteen, under eighteen in a group offence, or where death results, a different section with a higher minimum applies.
- BNS 65(2) — a woman under twelve20 years to natural life, or death
- BNS 66 — death or persistent vegetative state results20 years to natural life, or death
- BNS 65(1) — a woman under sixteen20 years to natural life
- BNS 70(1) — by a group20 years to natural life
- BNS 64(2) — the circumstances in 64(2)10 years to natural life
- BNS 64(1)this page10 years to life
- BNS 68 — by a person in authority5 to 10 years
- BNS 67 — a wife living separately2 to 7 years
From the section text; every row also carries fine, except section 66. Full-width bars are imprisonment for life or death, which have no equivalent in years. Under sections 65 and 70 the fine is paid to the victim, for medical expenses and rehabilitation.
What happens, and how long each part takes
- Report at any police stationthe day she reports
Recorded by a woman police officer or woman officer, with a copy given to her free of cost at once (BNSS s. 173(1), (2)).
- Medical examination, only with her consentwithin 24 hours of the report
By a registered medical practitioner at a government or local-authority hospital, or another where none is available. The report goes to the investigating officer within seven days (s. 184).
- Her statementas soon as the police know
At her home or a place of her choice (s. 176(1)), and before a Magistrate — a woman Magistrate as far as practicable (s. 183(6)(a)).
- From here, the police and the court set the pace
She does not have to drive the case forward. The law sets the time limits below and gives her the right to be kept informed; an advocate, including a free one through legal aid, can follow it for her.
Investigation completedwithin two months of the report being recordedThe police report must state whether her medical examination report is attached (s. 193(2), (3)). She is told of progress within ninety days.
- Copies of the case paperswithin 14 days of the accused appearing
The police report and statements, free of cost, if she is represented by an advocate (s. 230).
- Trial in a Court of Sessionwithin two months of the charge-sheet
Held in camera, as far as practicable before a woman judge (ss. 346(1), 366(2)).
These are the time limits the BNSS sets for this group of offences. They are statutory deadlines, not a description of how long cases take in practice.
When section 64(2) applies: the thirteen circumstances
Section 64(2) keeps the ten-year minimum, but imprisonment for life means the remainder of the offender’s natural life.
| Clause | Who, or in what circumstances |
|---|---|
| (a) | A police officer — within their station’s limits, in any station house, or on a woman in police custody |
| (b) | A public servant, on a woman in their or a subordinate’s custody |
| (c) | A member of the armed forces deployed in an area, in that area |
| (d) | Management or staff of a jail, remand home, place of custody, or women’s or children’s institution, on an inmate |
| (e) | Management or staff of a hospital, on a woman in that hospital |
| (f) | A relative, guardian or teacher, or a person in a position of trust or authority towards her |
| (g) | During communal or sectarian violence |
| (h) | Knowing her to be pregnant |
| (i) | On a woman incapable of giving consent |
| (j) | A person in a position of control or dominance over her |
| (k) | On a woman with a mental or physical disability |
| (l) | Where grievous bodily harm is caused or her life is endangered |
| (m) | More than once on the same woman |
For a woman under sixteen, section 65 applies instead.
Reporting rape under BNS 64: what the police must do
Information can be given at any police station, whatever the area where the offence happened — orally, in writing, or electronically and signed within three days. When the woman reports it herself, a woman police officer or woman officer must record it, and she is given a copy free of cost at once (BNSS s. 173(1), (2)).
- Her statement is taken at her home or a place of her choice, as far as practicable by a woman officer, with a parent, guardian, near relative or local social worker present; it may be recorded on audio-video, including a mobile phone (s. 176(1)).
- A Magistrate records her statement as soon as the police know of the offence — a woman Magistrate as far as practicable (s. 183(6)(a)).
- A woman who is temporarily or permanently disabled reports at her home or a place of her choice, with an interpreter or special educator, and the recording is videographed (s. 173(1)).
- If the station will not record it, the substance can be sent by post to the Superintendent of Police, and then to a Magistrate (s. 173(4)). An officer who fails to record it commits an offence punishable with six months to two years (BNS s. 199(c)).
Support for a survivor: treatment, compensation and privacy
None of these waits for a conviction. Free legal services are also an entitlement for every woman, as the last section of this page sets out.
| What | What the law says | Provision |
|---|---|---|
| Medical treatment | Every hospital, public or private, must give first aid or treatment immediately, free of cost, and inform the police. A person in charge who does not faces up to one year. | BNSS s. 397; BNS s. 200 |
| Compensation | Paid under the State scheme, even where the offender is never traced and there is no trial. The legal services authority decides within two months and can order free first aid or medical benefits meanwhile. | BNSS s. 396 |
| Her identity | Printing or publishing her name, or anything that could identify her, is punishable with up to two years and fine. | BNS s. 72(1) |
| The trial | Held in camera, as far as practicable before a woman judge; the proceedings may not be published without the court’s permission. | BNSS s. 366(2), (3) |
| Case papers | If she has an advocate, she receives the police report and statements free, within fourteen days of the accused appearing. | BNSS s. 230 |
More questions about this page
What is IPC 376 in BNS?▼
Can a rape complaint be filed at any police station?▼
Is a medical examination compulsory for a rape survivor?▼
Is treatment free for a rape survivor at a private hospital?▼
How long does the police investigation in a rape case take?▼
Can the media publish a rape survivor’s name?▼
Official sources checked
The statutes, rules and regulator pages the statements on this page were checked against.
- Read 13 September 2026 from the enacted text.
- Printed page 176, read by eye from the rendered page. Both rows: cognizable; non-bailable; Court of Session.
- Recording by a woman officer, medical examination, time limits, in-camera trial, compensation and free treatment.
- IPC 376 → BNS 64; IPC 376(3) → BNS 65(1).
- Toll-free universal number 181, 24 hours, connecting to the Emergency Response Support System and One Stop Centres; listed as operational in all States and UTs except West Bengal. Read 13 September 2026.
- Women Helpline toll-free number 181; ERSS, the pan-India single emergency number 112 for police, fire and ambulance.
What to do next
You do not have to work through this alone. A lawyer can explain your rights at each step, and legal services authorities provide one free to everyone the law makes eligible — including every woman and every child.
Free legal services are a legal entitlement, not charity. Under section 12 of the Legal Services Authorities Act, 1987 they are available to anyone in custody, every woman and every child, members of a Scheduled Caste or Scheduled Tribe, persons with disabilities, victims of trafficking or of a disaster or caste atrocity, industrial workers, and anyone whose income is below the limit their State sets — provided the legal services authority is satisfied there is a case to bring or defend (section 13).
- NALSA — National Legal Services Authority
- NALSA legal aid helpline (toll-free): 15100
- Your District Legal Services Authority. Every district has one, at the district court, and it is the office that arranges a lawyer.
- Women Helpline (toll-free, 24 hours): 181Run under the Ministry of Women and Child Development, which lists it as operational in every State and UT except West Bengal. In an emergency it connects to 112, the national emergency number.
Not legal advice. This page explains what a provision says and how the procedure around it works, checked against the Act as in force on the date shown. It is not advice about a charge, a complaint or an arrest, and it cannot be: whether a provision fits a set of facts is the question a court decides, and the facts a page cannot see are usually the ones that matter. If you are facing a criminal matter, or deciding whether to start one, speak to an advocate.
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Last reviewed September 2026.