Rape Under the BNS (Sections 63 and 64): Definition and Punishment (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

Rape is defined in Section 63 of the Bharatiya Nyaya Sanhita (BNS) and punished under Section 64. Together they replaced Sections 375 and 376 of the Indian Penal Code (IPC) from 1 July 2024. The base punishment is rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, and a fine. This explainer sets out what Sections 63 and 64 cover, how they map to the old law, and what changed. Last verified October 2026.

01Two sections: the definition and the punishment

The old law kept the definition of rape and its punishment in two sections: Section 375 of the IPC defined the offence, and Section 376 set the punishment. The BNS follows the same design. Section 63 carries the definition, and Section 64 carries the base punishment. Aggravated forms and related offences follow in the sections just after.

Since 1 July 2024, a charge for an offence committed on or after that date cites the BNS. So "Section 376 IPC" is now Section 64 of the BNS, and the definition you need sits in Section 63.

02What Section 63 defines

Section 63 of the BNS defines rape. In broad terms, a man commits rape if he does any of certain sexual acts with a woman in any of seven described circumstances, chiefly where there is no valid consent. The acts covered include penile penetration, insertion of an object or a body part, manipulation of the body to cause penetration, and the application of the mouth, to the extent the section sets out.

The section carries two exceptions from the old law: a medical procedure or intervention is not rape, and sexual acts by a man with his own wife, the wife not being under eighteen years of age, are not rape.

03The seven circumstances

Section 63 lists the circumstances in which a sexual act becomes rape. In plain terms they include where the act is done:

• against the woman’s will;
• without her consent;
• with consent obtained by putting her or someone she cares about in fear of death or hurt;
• with consent given under a mistaken belief that the man is her husband;
• with consent given when she is unable to understand the nature and consequences, including by reason of unsoundness of mind or intoxication;
• with or without consent when she is under eighteen years of age; or
• when she is unable to communicate consent.

Consent, as explained in the section, means an unequivocal voluntary agreement. A woman who does not physically resist is not, by that fact alone, taken to consent.

04Punishment under Section 64

Section 64 sets the punishment for rape. The base punishment under Section 64(1) is rigorous imprisonment for a term not less than ten years, which may extend to imprisonment for life, and a fine.

Section 64(2) deals with aggravated situations, such as rape by a police officer, a public servant, a member of the armed forces, or a person in a position of trust or authority, and in those cases the minimum rises, with the term capable of extending to imprisonment for life meaning the remainder of the person’s natural life.

Heavier provisions follow for specific cases: rape of a woman under sixteen or under twelve years of age, and rape causing death or a persistent vegetative state, sit in the sections just after Section 64.

Rape is punished from a floor of ten years, with much heavier terms, including life for the remainder of natural life and the death penalty, reserved for the gravest categories.

05Old to new: IPC 375 and 376 to BNS 63 and 64

The definition and punishment moved together.

The structure and most of the content are carried over. The notable substantive change is the marital exception, where the age was raised from fifteen to eighteen, reflecting the position after the Supreme Court read down the old exception.

06What changed from the old law

Two changes stand out. First, the marital exception now protects a wife only if she is not under eighteen, up from fifteen, which aligns the code with the Supreme Court’s reading. Second, the numbering changed, from 375 and 376 to 63 and 64. The seven circumstances, the meaning of consent, and the base punishment are carried over.

Because the core is carried over, case law on Sections 375 and 376 still guides how Sections 63 and 64 are read. Where more than one person is involved, the offence of gang rape is dealt with separately under Section 70 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.

Rape trials turn on precedent for consent, for the appreciation of evidence, and for sentencing in aggravated cases, and they run under strict procedure and timelines. Offences and procedure under Sections 63 and 64 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 definition and the sentencing provisions, 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 64, 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.

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