Sections 375 and 376 of the Indian Penal Code, 1860, which defined rape and prescribed its punishment, have been replaced by Sections 63 through 69 of the Bharatiya Nyaya Sanhita, 2023, effective 1 July 2024. The core definition of rape — seven circumstances vitiating consent — is substantially retained in BNS Section 63. However, the BNS raises the marital rape exception age from 15 to 18 years, reorganises punishment into age-based tiers across dedicated sections, enhances penalties for gang rape of minors, and introduces an entirely new offence under Section 69 for sexual intercourse obtained through deceitful means or false promises of marriage.
What changed
| Old law | New law | |
|---|---|---|
| Act | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Section | 375 (definition), 376 (punishment), 376A-376E (aggravated forms) | 63 (definition), 64 (punishment), 65-68 (aggravated forms), 69 (deceit-based offence) |
| Title | Rape — definition and punishment | Rape — definition, punishment, and sexual intercourse by deceitful means |
| Change type | Expanded — marital exception age raised, punishment reorganised by age tier, new Section 69 added |
Full statutory text
Section 375 IPC — Rape (repealed w.e.f. 1 July 2024)
A man is said to commit "rape" if he — (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:
First — Against her will. Secondly — Without her consent. Thirdly — With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt. Fourthly — With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly — With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Sixthly — With or without her consent, when she is under eighteen years of age. Seventhly — When she is unable to communicate consent.
Exception 1 — A medical procedure or intervention shall not constitute rape. Exception 2 — Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.
Section 63 BNS — Rape
The definition reproduces the four acts and seven circumstances from IPC Section 375 with substantially identical language. The consent definition is explicitly stated: "Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act."
Exception 2 — Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.
Section 69 BNS — Sexual intercourse by employing deceitful means (new provision)
Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Text in bold represents provisions with no equivalent in the IPC.
Key differences
Marital rape exception age raised from 15 to 18: Under IPC Section 375 Exception 2, sexual intercourse by a husband with his wife was not rape if the wife was not under 15 years of age. BNS Section 63 Exception 2 raises this threshold to 18 years, aligning the marital exception with the age of consent for all women. This implements the Supreme Court's direction in Independent Thought v. Union of India (2017).
Consent definition codified explicitly: BNS Section 63 adds a statutory explanation defining consent as "an unequivocal voluntary agreement" communicated through words, gestures, or any form of verbal or non-verbal communication. It further clarifies that a woman who does not physically resist penetration shall not, by reason only of that fact, be regarded as consenting.
Punishment reorganised into age-based tiers: IPC Section 376 contained punishment clauses for various categories within a single section. The BNS distributes these across dedicated sections — Section 64 for general punishment (not less than ten years, extendable to life), Section 65 for rape of women under specified ages with enhanced mandatory minimums, Section 66 for causing death or persistent vegetative state, and Section 67 for repeat offenders.
Enhanced gang rape provisions for minors: BNS Section 70(2) introduces a new provision specifically for gang rape of a woman under 18 years of age, prescribing death or imprisonment for the remainder of natural life. Under the IPC, this enhanced sentencing option existed only for gang rape of a woman under 12.
New standalone offence for deceit-based sexual intercourse: Section 69 BNS criminalises sexual intercourse obtained through deceitful means or a false promise of marriage where the promise was made without any intention to fulfil it. This carries punishment up to ten years. Previously, such cases were prosecuted as rape under Section 375 by arguing vitiated consent, leading to inconsistent judicial outcomes.
Terminology update: The word "military" in the punishment provisions has been replaced with "army" throughout Sections 64-70 of the BNS.
What this means for practitioners
For drafting and citations: All FIRs, charge sheets, and court filings for sexual offences committed on or after 1 July 2024 must cite BNS Sections 63-70 instead of IPC Sections 375-376E. Practitioners must carefully identify the correct sub-section based on the victim's age, as the BNS creates distinct sections for different age categories rather than housing all scenarios within Section 376.
For pending cases: Offences committed before 1 July 2024 continue to be prosecuted under IPC Sections 375-376E. The transitional provision under Section 531 BNSS preserves the old law for pre-commencement offences. Where a husband is accused of intercourse with a wife aged between 15 and 18 prior to 1 July 2024, the applicable threshold remains 15 under IPC Exception 2.
For new cases involving false promise of marriage: Section 69 BNS now provides a distinct offence category for sexual intercourse obtained through deceitful means. Practitioners should note that this section explicitly applies only where the act does not amount to rape under Section 63. The prosecution must establish that the promise was made without any intention to fulfil it from the outset — a mere breach of promise where the accused initially intended to marry but later changed his mind would not satisfy the statutory requirement of deception ab initio.
For defence practitioners: The explicit consent definition in BNS Section 63 — requiring "unequivocal voluntary agreement" communicated through words, gestures, or verbal/non-verbal communication — codifies what was previously a judicial gloss. Defence counsel must engage directly with this statutory definition rather than relying on implied consent arguments.
Does old case law still apply?
The extensive jurisprudence on rape under IPC Sections 375-376 remains substantially applicable to BNS Sections 63-64, as the core definition and seven circumstances are retained.
Independent Thought v. Union of India (2017) 10 SCC 800 — The Supreme Court read down IPC Exception 2 to Section 375, holding that sexual intercourse with a wife below 18 constitutes rape. The BNS has now legislatively implemented this ruling by raising the exception age to 18.
Tukaram v. State of Maharashtra (1979) 2 SCC 143 (the Mathura case) — This case, where the Supreme Court acquitted police officers of rape by finding consent, catalysed the 1983 amendment introducing the presumption of absence of consent in custodial rape. The BNS retains this presumption framework.
State of Rajasthan v. Shera Ram (2012) 1 SCC 602 — The Court held that the absence of physical resistance does not indicate consent. This principle is now explicitly codified in BNS Section 63's consent definition.
For Section 69 BNS (deceitful means), no directly applicable precedent exists as this is a new provision. However, courts are likely to draw upon the body of case law distinguishing between a "false promise to marry" and a "breach of promise to marry" developed under the old Section 375 consent framework.
Judicial interpretation under BNS 63-69 (post-July 2024)
Appellant v. State of Uttar Pradesh (9 January 2026)
Court: Supreme Court of India | Judges: B.V. Nagarathna, R. Mahadevan | Result: Bail cancelled
The Supreme Court cancelled bail granted by the Allahabad High Court to an accused charged under BNS Section 65(1) (rape of woman under specified age) and POCSO Act Sections 5(1) and 6, for repeated penetrative sexual assault on a 14-year-old minor under armed intimidation. The Court held that the High Court had granted bail without applying settled parameters — gravity of offence, vulnerability of the victim, and likelihood of witness intimidation — and had given weight to irrelevant considerations such as delay in FIR registration. This is among the earliest Supreme Court orders directly applying BNS rape provisions and reinforces the strict approach to bail in sexual offences against minors under the new code.
Veritect reference: Diary_26489-2025_Judgment
Samadhan v. State of Maharashtra (24 November 2025)
Court: Supreme Court of India | Judges: B.V. Nagarathna, R. Mahadevan | Result: FIR and chargesheet quashed
The Supreme Court quashed rape charges under IPC Section 376(2)(n) where a consensual relationship had turned acrimonious. The Court held that a prolonged physical relationship maintained knowingly by the woman cannot be retrospectively branded as rape merely because the relationship fails to culminate in marriage. This judgment is directly relevant to BNS Section 69 (sexual intercourse by deceitful means), as it distinguishes between a "false promise" made with no intention to fulfil from the outset and a "breach of promise" where the accused initially intended to marry but later changed his mind. Courts applying Section 69 BNS will need to apply this distinction.
Veritect reference: Diary_19350-2025_Judgment
Emerging patterns
Based on available post-July 2024 orders, the initial judicial approach suggests:
- Strict bail scrutiny under BNS rape provisions: The Supreme Court in the January 2026 decision demonstrates zero tolerance for cursory bail orders in POCSO/BNS sexual offence cases, requiring courts to conduct substantive assessment of gravity, vulnerability, and intimidation risk.
- Section 69 BNS will inherit the "false promise vs breach of promise" distinction: The extensive jurisprudence on consent vitiation under IPC 375 — refined in Samadhan — will directly govern the new Section 69 BNS, with courts requiring proof that the promise was deceptive ab initio.
- Transitional cases dominate: Most Delhi HC sexual offence cases from 2024-2025 continue to apply IPC 375-376 because the underlying offences pre-date 1 July 2024.
Frequently asked questions
What is the BNS equivalent of Section 375 IPC? Section 63 of the Bharatiya Nyaya Sanhita, 2023 is the direct equivalent of Section 375 IPC. It retains the same four acts and seven circumstances constituting rape. The punishment provisions previously in Section 376 IPC are now spread across Sections 64 through 68 BNS.
Has the marital rape exception been removed in the BNS? No. The marital rape exception continues to exist in BNS Section 63 Exception 2. However, the age threshold has been raised from 15 to 18 years. Sexual intercourse by a husband with his wife who is 18 or above continues to fall outside the definition of rape under the BNS.
What is Section 69 BNS? Section 69 BNS is a new provision with no IPC equivalent. It criminalises sexual intercourse obtained through deceitful means or a false promise of marriage made without any intention to fulfil it. The punishment is imprisonment up to ten years plus fine. This section applies only where the act does not amount to rape under Section 63.
Which law applies to rape cases before 1 July 2024? IPC Sections 375-376E apply to all offences committed before 1 July 2024, regardless of when the trial takes place. BNS Sections 63-70 apply only to offences committed on or after 1 July 2024.