Offences against woman & child - BNS §§ 63-99 vs IPC.
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Summary
BNS gives offences against women and children their own early chapter. Rape, gang rape, sexual harassment, stalking, cruelty by husband/relatives, and several child-related offences live here.
Core sexual offence structure continues, but numbers change (e.g. rape 63/64, not 375/376). BNS 69 is new (deceitful means / false promise to marry). 498A becomes 85-86. Gang rape of a minor is spelled out with life or death options. Use this chapter first for woman/child charging - do not dig only in the old “human body” IPC map.
Headlines in this topic
- BNS 69 (IPC -): New: sexual intercourse by deceitful means / false promise to marry (not rape) - up to 10 years + fine.
- BNS 95 (IPC -): New provision; criminalizes hiring/employing children to commit offences with mandatory minimum 3 years and enhanced punishment if offence committed.
- BNS 63 (IPC 375): Redefined rape to include oral sex and manipulation causing penetration, expanding scope beyond mere penile-vaginal penetration.
- BNS 64 (IPC 376): Retained 10-year minimum for general rape; added specific enhanced punishment clauses for police officers abusing station premises or custody.
- BNS 65 (IPC 376): Introduced mandatory 20-year minimum (up to life/natural life) for rape of women under 16 and 12, with mandatory victim compensation.
- BNS 66 (IPC 376A): Retained 20-year minimum to life/natural life or death for rape causing death or persistent vegetative state; renumbered from IPC 376A.
- BNS 67 (IPC 376B): Retained 2-7 year punishment for non-consensual sex with separated wife; redefined “sexual intercourse” to align with new rape definition.
- BNS 70 (IPC 376D): Retained 20-year minimum to life/natural life for gang rape; clarified fine must meet medical/rehabilitation expenses and be paid to victim.
What changed
Only real differences. The IPC column already shows the corresponding old section.
| BNS | IPC | Title | What changed |
|---|---|---|---|
| 63 | IPC 375 | Rape | Redefined rape to include oral sex and manipulation causing penetration, expanding scope beyond mere penile-vaginal penetration. |
| 64 | IPC 376 | Punishment for rape | Retained 10-year minimum for general rape; added specific enhanced punishment clauses for police officers abusing station premises or custody. |
| 65 | IPC 376 | Punishment for rape in certain cases | Introduced mandatory 20-year minimum (up to life/natural life) for rape of women under 16 and 12, with mandatory victim compensation. |
| 66 | IPC 376A | Punishment for causing death or resulting in persistent vegetative state of victim | Retained 20-year minimum to life/natural life or death for rape causing death or persistent vegetative state. |
| 67 | IPC 376B | Sexual intercourse by husband upon his wife during separation | Retained 2-7 year punishment for non-consensual sex with separated wife; redefined “sexual intercourse” to align with new rape definition. |
| 68 | IPC 376C | Sexual intercourse by a person in authority | Retained punishment for sexual intercourse by persons in authority/hospital staff abusing fiduciary role. |
| 69 | - | Sexual intercourse by employing deceitful means, etc | New: sexual intercourse by deceitful means / false promise to marry (not rape) - up to 10 years + fine. |
| 70 | IPC 376D | Gang rape | Retained 20-year minimum to life/natural life for gang rape; clarified fine must meet medical/rehabilitation expenses and be paid to victim. |
| 71 | IPC 376E | Punishment for repeat offenders | New section; mandates life imprisonment for remainder of natural life or death for repeat offenders of specified sexual offences. |
| 72 | IPC 228A | Disclosure of identity of victim of certain offences, etc | Expands protected offence list to include BNS sections 64-71 while maintaining two-year imprisonment and fine. |
| 73 | IPC 228A | Printing or publishing of any matter relating to Court proceedings without permission | New provision prohibiting publication of court proceedings related to offences under BNS 72 without permission, punishable by up to two years imprisonment. |
| 83 | IPC 495 | Marriage ceremony fraudulently gone through without lawful marriage | Consolidated IPC 495 into BNS 83; punishment reduced from 10 to 7 years. |
| 90 | IPC 314 | Death caused by act done with intent to cause miscarriage | Structured into sub-sections for consent-based sentencing tiers. |
| 95 | - | Hiring, employing or engaging a child to commit an offence | New provision; criminalizes hiring/employing children to commit offences with mandatory minimum 3 years and enhanced punishment if offence committed. |
| 96 | IPC 366A | Procuration of child | Gender-neutral; extends protection to all children under 18, not just minor girls, for procuration and illicit intercourse. |
| 97 | IPC 366B | Kidnapping or abducting child under ten years of age with intent to steal from its… | Consolidated/renumbered; retains punishment for kidnapping/abducting children under 10 for theft, though IPC reference provided (366B) is mismatched. |
| 98 | IPC 372 | Selling child for purposes of prostitution, etc | Gender-neutral; applies to any person under 18, not just females, for selling/letting for hire for prostitution or illicit intercourse. |
| 99 | IPC 373 | Buying child for purposes of prostitution, etc | Enhanced punishment; introduces mandatory minimum 7 years (up to 14 years), previously up to 10 years, for buying/obtaining child for prostitution. |
Renumbered only
Same idea as the IPC - number map only.
| BNS | IPC | Title | Note |
|---|---|---|---|
| 74 | IPC 354 | Assault or use of criminal force to woman with intent to outrage her modesty | Same substance as IPC. |
| 75 | IPC 354A | Sexual harassment | Same substance as IPC. |
| 76 | IPC 354B | Assault or use of criminal force to woman with intent to disrobe | Same substance as IPC. |
| 77 | IPC 354C | Voyeurism | Same substance as IPC. |
| 78 | IPC 354D | Stalking | Same substance as IPC. |
| 79 | IPC 509 | Word, gesture or act intended to insult modesty of a woman | Same substance as IPC. |
| 80 | IPC 304B | Dowry death | Same substance as IPC. |
| 81 | IPC 493 | Cohabitation caused by man deceitfully inducing belief of lawful marriage | Same substance as IPC. |
| 82 | IPC 494 | Marrying again during lifetime of husband or wife | Same substance as IPC. |
| 84 | IPC 498 | Enticing or taking away or detaining with criminal intent a married woman | Same substance as IPC. |
| 85 | IPC 498A | Husband or relative of husband of a woman subjecting her to cruelty | Same substance as IPC. |
| 86 | IPC 498A | Cruelty defined | Same substance as IPC. |
| 87 | IPC 366 | Kidnapping, abducting or inducing woman to compel her marriage, etc | Same substance as IPC. |
| 88 | IPC 312 | Causing miscarriage | Same substance as IPC. |
| 89 | IPC 313 | Causing miscarriage without woman’s consent | Same substance as IPC. |
| 91 | IPC 315 | Act done with intent to prevent child being born alive or to cause to die after birth | Same substance as IPC. |
| 92 | IPC 316 | Causing death of quick unborn child by act amounting to culpable homicide | Same substance as IPC. |
| 93 | IPC 317 | Exposure and abandonment of child under twelve years of age, by parent or person h… | Same substance as IPC. |
| 94 | IPC 318 | Concealment of birth by secret disposal of dead body | Same substance as IPC. |
Series (by topic)
- Preliminary & punishments (§§ 1-13)
- General exceptions & private defence (§§ 14-44)
- Abetment, conspiracy & attempt (§§ 45-62)
- Offences against woman & child (§§ 63-99)
- Homicide, negligence & organised crime (§§ 100-113)
- Hurt, force, kidnapping & trafficking (§§ 114-146)
- State, forces, elections & currency (§§ 147-188)
- Public order, servants & contempt (§§ 189-226)
- False evidence & public justice (§§ 227-269)
- Public health, safety, morals & religion (§§ 270-302)
- Offences against property (§§ 303-334)
- Documents, intimidation, defamation & repeal (§§ 335-358)