IPC 376AB → BNS 65(2): Rape (Under 12)

Quick Summary: IPC 376AB vs BNS 65(2)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 376AB deals with rape (under 12), part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers rape (under 12) as BNS 65(2) and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 376AB cover?

IPC 376AB dealt with rape (under 12) — punishment for rape on woman under twelve years of age. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 65(2): What changed in the new law?

Strict provisions retained. From 1 July 2024, new complaints relating to rape (under 12) are filed under BNS Section 65(2), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 65(2)

Same - Death or Life (minimum 20 years)

Practical implications for advocates, police & citizens

• Advocates: For rape (under 12), the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 376AB carefully to BNS 65(2).
• Police officers: Record the nature and degree of injury and the weapon or means used; a new rape (under 12) FIR is filed under BNS 65(2).
• Law students & citizens: Punishment for rape (under 12) rises sharply with the seriousness of the harm and the victim — the IPC 376AB to BNS 65(2) change does not lower it.