Bharatiya Nyaya Sanhita 2023
Section 70 :
Gang rape :
(See section 376D,376DA,376DB of IPC 1860)
Section : 70 (1)
Classification of Offence:
Offence : Gang rape
Punishment : Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session
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Section : 70 (2)
Classification of Offence:
Offence : Gang rape on a woman under eighteen years of age.
Punishment : Imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine or with death.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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(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.
Indian Penal Code 1860 (IPC 1860)
Section 376D :
1[Gang rape :
(See section 70 of BNS 2023)
Classification of Offence:
Offence: Gang rape.
Punishment :Rigorous imprisonment of not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that persons natural life and with fine to be paid to the victim.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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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 life which shall mean imprisonment for the remainder of that persons 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 section shall be paid to the victim.]
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1. Substituted by the Criminal Law (Amendment) Act, 2013 (No.13 of 2013).
Section 376DA :
1.[Punishment for gang rape on woman under sixteen years of age :
(See section 70 of BNS 2023)
Classification of Offence:
2.[Offence : Gang rape on a woman under sixteen years of age.
Punishment : Rigorous imprisonment for life which shall mean imprisonment for the remainder of that persons natural life and with fine .
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.]
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Where a woman under sixteen 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 persons 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 section shall be paid to the victim.
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1.Inserted Section 376-DA by the Criminal Law (Amendment) Act, 2018 (No.22 of 2018), Sec. 6. Published in the Gazette of India, Extra, Part II, Sec. 1 dated 11-08-2018.
2.Inserted Entries in first schedule by the Criminal Law (Amendment) Act, 2018 (No.22 of 2018), Sec. 24(c). Published in the Gazette of India, Extra, Part II, Sec. 1 dated 11-08-2018.
Section 376DB :
1.[Punishment for gang rape on woman under twelve years of age :
(See section 70 of BNS 2023)
Classification of Offence:
2.(Offence : Gang rape on woman under twelve years of age.
Punishment : Rigorous Imprisonment for life which shall mean imprisonment for the remainder of that persons natural life and with fine or with death.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.)
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Where a woman under twelve 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 persons 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.
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1.Inserted Section 376-DA by the Criminal Law (Amendment) Act, 2018 (No.22 of 2018), Sec. 6. Published in the Gazette of India, Extra, Part II, Sec. 1 dated 11-08-2018.
2.Inserted Entries in first schedule by the Criminal Law (Amendment) Act, 2018 (No.22 of 2018), Sec. 24(c). Published in the Gazette of India, Extra, Part II, Sec. 1 dated 11-08-2018.