IPC 376AB → BNS 65(1): Rape (Under 12)

Quick Summary: IPC 376AB vs BNS 65(1)

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 376AB (Rape (Under 12)) is now mapped to BNS Section 65(1).

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 relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 65(1): What changed in the new law?

Strict provisions retained. From 1 July 2024, all new criminal complaints relating to rape (under 12) are filed under BNS Section 65(1). 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 65(1)

Same - Death or Life (minimum 20 years)

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 65(1) instead of IPC 376AB.
• Police officers: Use BNS 65(1) 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 376AB ↔ BNS 65(1) mapping.