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IPC 375 → BNS 63: Rape Definition

IPC Section 375 (Rape Definition) under the old Indian Penal Code 1860 is now covered under Section 63 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

375

Rape Definition

Definition of rape

New Law — BNS 2023

63

Rape Definition

Punishment / Liability
N/A - Definition section
Key Change / Note
Expanded definition, marital rape still excluded

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Quick Summary: IPC 375 vs BNS 63

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 375 (Rape Definition) is now mapped to BNS Section 63.

What did IPC 375 cover?

IPC 375 dealt with rape definitiondefinition of rape. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 63: What changed in the new law?

Expanded definition, marital rape still excluded. From 1 July 2024, all new criminal complaints relating to rape definition are filed under BNS Section 63. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 63

N/A - Definition section

Practical implications for advocates, police & citizens

  • Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 63 instead of IPC 375.
  • Police officers: Use BNS 63 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 375 ↔ BNS 63 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 375?

IPC Section 375 (Rape Definition) is now covered under Section 63 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 63?

N/A - Definition section

What is the key difference between IPC 375 and BNS 63?

Expanded definition, marital rape still excluded

Is IPC 375 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.

Case Law on Section 375

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