Chapter V of the Bharatiya Nyaya Sanhita, 2023 (sections 63–99) is one of the Sanhita’s clearest structural reforms. Offences against woman and child are gathered in a single early chapter. Under the IPC, sexual offences, marriage offences, miscarriage and many child-related crimes were embedded inside the large “offences affecting the human body” title and neighbouring chapters.
The policy signal is prioritisation: gender and child protection offences are no longer mid-book annexes to hurt and culpable homicide. Substantively, much of the post-2013 IPC sexual-offence framework continues, but every section number is new.
Sexual offences
Section 63 defines rape (IPC 375’s successor). Sections 64–65 and following provide punishments, including aggravated situations (position of authority, repeat patterns, particular victim vulnerability—as detailed in the bare text). The mental element and consent analysis remain the heart of trial work; the BNS does not replace Joseph Shine or post-2013 consent case law by magic, but statutory pins must be BNS numbers.
Section 69 addresses sexual intercourse by deceitful means (for example false promise of marriage in the statutory formulation)—a provision frequently discussed as a distinct BNS emphasis relative to how courts had been using IPC rape and cheating doctrines.
Assault and criminal force provisions protecting women (outraging modesty, sexual harassment, voyeurism, stalking and related wrongs) appear in the mid-chapter cluster that succeeds IPC sections 354 and 354A–D with renumbering and consolidation.
Marriage-related offences and miscarriage
Offences relating to marriage—cruelty, fraudulently going through marriage ceremonies, and related wrongs—sit in this chapter rather than only under older IPC marriage chapters. Miscarriage and injuries to the unborn child continue as serious body offences with their own BNS numbers.
Offences against children
The chapter’s child-specific offences include exposure and abandonment, concealment of birth, and hiring or employing a child to commit an offence. Trafficking-related child protections also appear in the bodily-offences continuum; always check whether the facts belong in Chapter V, in the kidnapping/trafficking block (sections 114–146), or under special statutes such as the POCSO Act, which remains a separate code.
Practical consequences
- Citation: IPC 375/376 answers are wrong on the face of a BNS-era paper; use 63/64 and companions.
- Charge framing: sexual offence plus POCSO plus trafficking can stack; Chapter V is the general-code spine, not the whole universe.
- Research: judgments decided on IPC 354A–D still matter for elements; update the statutory address before quoting sections in a 2024+ FIR.
Selected provisions
BNS section 63 (IPC 375)
Rape. Redefined rape to include oral sex and manipulation causing penetration, expanding scope beyond mere penile-vaginal penetration.
BNS section 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.
BNS section 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.
BNS section 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.
BNS section 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.
BNS section 68 (IPC 376C)
Sexual intercourse by a person in authority. Retained punishment for sexual intercourse by persons in authority/hospital staff abusing fiduciary role.
Section-level changes
Material differences (definition, punishment, scope or new offence):
| BNS | IPC counterpart | Subject | Change |
|---|---|---|---|
| 63 | IPC 375 | Rape | Redefined rape to include oral sex and manipulation causing penetration, expanding scope beyond mere penile-vaginal pene… |
| 64 | IPC 376 | Punishment for rape | Retained 10-year minimum for general rape; added specific enhanced punishment clauses for police officers abusing statio… |
| 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 … |
| 66 | IPC 376A | Punishment for causing death or resulting in persistent vegetative state of vict… | 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 ne… |
| 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 an… |
| 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 … |
| 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 permi… | New provision prohibiting publication of court proceedings related to offences under BNS 72 without permission, punishab… |
| 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 pun… |
| 96 | IPC 366A | Procuration of child | Gender-neutral; extends protection to all children under 18, not just minor girls, for procuration and illicit intercour… |
| 97 | IPC 366B | Kidnapping or abducting child under ten years of age with intent to steal from i… | Consolidated/renumbered; retains punishment for kidnapping/abducting children under 10 for theft, though IPC reference p… |
| 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 illic… |
| 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/obtain… |
Citation map (renumbered only)
These provisions keep IPC substance under new numbers:
BNS 74 ← IPC 354, BNS 75 ← IPC 354A, BNS 76 ← IPC 354B, BNS 77 ← IPC 354C, BNS 78 ← IPC 354D, BNS 79 ← IPC 509, BNS 80 ← IPC 304B, BNS 81 ← IPC 493, BNS 82 ← IPC 494, BNS 84 ← IPC 498, BNS 85 ← IPC 498A, BNS 86 ← IPC 498A, BNS 87 ← IPC 366, BNS 88 ← IPC 312, BNS 89 ← IPC 313, BNS 91 ← IPC 315, BNS 92 ← IPC 316, BNS 93 ← IPC 317, BNS 94 ← IPC 318.