IPC 376DA → BNS 70(2): Gang Rape (Under 16)

Quick Summary: IPC 376DA vs BNS 70(2)

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 376DA (Gang Rape (Under 16)) is now mapped to BNS Section 70(2).

What did IPC 376DA cover?

IPC 376DA dealt with gang rape (under 16) — punishment for gang rape on woman under sixteen 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 70(2): What changed in the new law?

Strict provisions retained. From 1 July 2024, all new criminal complaints relating to gang rape (under 16) are filed under BNS Section 70(2). 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 70(2)

Same - Life (Natural life)

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 70(2) instead of IPC 376DA.
• Police officers: Use BNS 70(2) 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 376DA ↔ BNS 70(2) mapping.