IPC · Chapter XVI · Of offences affecting the human body

IPC section 376AB in the BNS

IPC 376ABBNS 65(2)

IPC section 376AB, “Punishment for rape on woman under twelve years of age”, is now BNS section 65(2) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

What changed

From IPC 376AB to BNS 65

The words are the same as in the IPC, apart from “Sanhita” for the Act’s own name and the new numbers of the sections it refers to. It now sits in BNS 65 with IPC 376.

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 376AB Punishment for rape on woman under twelve years of age

Whoever, commits rape on a woman under twelve years of age 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 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 section shall be paid to the victim.

Bharatiya Nyaya Sanhita, 2023

Section 65 Punishment for rape in certain cases

The part that carries IPC 376AB is marked.

(1) Whoever, commits rape on a woman under sixteen years of age 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 shall also be liable to 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) Whoever, commits rape on a woman under twelve years of age 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 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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Also in BNS 65

Other IPC sections that went to the same place

IPC 376 Punishment for rape → BNS 64, 65(1)

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.