Chapter 5

section_number: 63
section_name: Rape.
explanation: IPCSection375
A man is said to commit “rape” if he:penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; orinserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; ormanipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; orapplies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:against her will.without her consent.with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.with her consent when, at the time of giving such consent, by reason of mental illness or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.with or without her consent, when she is under eighteen years of age.when she is unable to communicate consent.
Explanation 1:For the purposes of this section, “vagina” shall also include labia majora.
Explanation 2:Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act;
Providedthat a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.
Exception 1:A medical procedure or intervention shall not constitute rape.
Exception 2:Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.


section_number: 64
section_name: Punishment for rape.
explanation: IPCSection376
Explanation:For the purposes of this sub-section,“armed forces” means the naval, army and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government;“hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;“police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861;“women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children.
BNSSClassification64(1) – Rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.64(2) – Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person’s natural life and fine.CognizableNon-bailableTriable by Court of Session


section_number: 65
section_name: Punishment for rape in certain cases.
explanation: BNSSClassification65(1) – Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and fine..65(2) – Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine or death.CognizableNon-bailableTriable by Court of Session


section_number: 66
section_name: Punishment for causing death or resulting in persistent vegetative state of victim.
explanation: IPCSection376A
Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section64and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death.
BNSSClassificationRigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life or death.CognizableNon-bailableTriable by Court of Session


section_number: 67
section_name: Sexual intercourse by husband upon his wife during separation.
explanation: IPCSection376B
Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.
Explanation:In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section63.
BNSSClassificationImprisonment for not less than 2 years but which may extend to 7 years and fine.Cognizable (only on the complaint of the victim)BailableTriable by Court of Session


section_number: 68
section_name: Sexual intercourse by a person in authority.
explanation: IPCSection376C
Whoever, being:in a position of authority or in a fiduciary relationship; ora public servant; orsuperintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women’s or children’s institution; oron the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.
Explanation 1:In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section63.
Explanation 2:For the purposes of this section, Explanation 1 to section63shall also be applicable.
Explanation 3:“Superintendent”, in relation to a jail, remand home or other place of custody or a women’s or children’s institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates.
Explanation 4:The expressions “hospital” and “women’s or children’s institution” shall respectively have the same meaning as in Explanation to sub-section (2) of section64.
BNSSClassificationRigorous imprisonment for not less than 5 years, but which may extend to 10 years and fine.CognizableNon-bailableTriable by Court of Session


section_number: 69
section_name: Sexual intercourse by employing deceitful means etc.
explanation: Whoever, by deceitful means or by making promise to marry a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Explanation:“deceitful means” shall include the false promise of employment or promotion, inducement or marring after suppressing identity.
BNSSClassificationImprisonment which may extend to 10 years and fine.CognizableNon-bailableTriable by Court of Session


section_number: 70
section_name: Gang rape.
explanation: IPCSection376D
BNSSClassification70(1) – Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and fine.70(2) – Imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine or with death.CognizableNon-bailableTriable by Court of Session


section_number: 71
section_name: Punishment for repeat offenders.
explanation: Whoever has been previously convicted of an offence punishable under section64or section65or section66or section67and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.
BNSSClassificationImprisonment for life which shall mean imprisonment for the remainder of that person’s natural life or with death.CognizableNon-bailableTriable by Court of Session


section_number: 72
section_name: Disclosure of identity of the victim of certain offences, etc.
explanation: Providedthat no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.
Explanation:For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central Government or State Government.
BNSSClassificationImprisonment for 2 years and fine.CognizableBailableTriable by Any Magistrate


section_number: 73
section_name: Printing or publishing any matter relating to Court proceedings without permission.
explanation: Whoever prints or publishes any matter in relation to any proceeding before a Court with respect to an offence referred to in section72without the previous permission of such Court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
Explanation:The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.
BNSSClassificationImprisonment for 2 years and fine.CognizableBailableTriable by Any Magistrate


section_number: 74
section_name: Assault or criminal force to woman with intent to outrage her modesty.
explanation: Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.
BNSSClassificationImprisonment for 1 year which may extend to 5 years and fine.CognizableNon-bailableTriable by Any Magistrate


section_number: 75
section_name: Sexual harassment.
explanation: BNSSClassification75(2) – Rigorous imprisonment with 3 years, or fine, or both.75(3) – Imprisonment for 1 year, or fine, or both.CognizableNon-bailableTriable by Court of Session


section_number: 76
section_name: Assault or use of criminal force to woman with intent to disrobe.
explanation: Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.
BNSSClassificationImprisonment for not less than 3 years but which may extend to 7 years and fine.CognizableNon-bailableTriable by Court of Session


section_number: 77
section_name: Voyeurism.
explanation: Whoever watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
Explanation 1:For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2:Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.
BNSSClassificationVoyeurism: Imprisonment for not less than 1 year but which may extend to 3 years and fine.Second or subsequent conviction: Imprisonment for not less than 3 years but which may extend to 7 years and fine.CognizableBailable for VoyeurismNon-bailable for Second or subsequent convictionTriable by Court of Session


section_number: 78
section_name: Stalking.
explanation: BNSSClassificationStalking: Imprisonment up to 3 years and fine.Second or subsequent conviction: Imprisonment up to 5 years and fine.CognizableBailable for StalkingNon-bailable for Second or subsequent convictionTriable by Any Magistrate


section_number: 79
section_name: Word, gesture or act intended to insult the modesty of a woman.
explanation: Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.
BNSSClassificationSimple imprisonment for 3 years and fine.CognizableBailableTriable by Any Magistrate


section_number: 80
section_name: Dowry death.
explanation: BNSSClassificationImprisonment for not less than 7 years but which may extend to imprisonment for life.CognizableNon-bailableTriable by Court of Session


section_number: 81
section_name: Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.
explanation: Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
BNSSClassificationImprisonment for 10 years and fine.Non-cognizableNon-bailableTriable by Magistrate of the first class


section_number: 82
section_name: Marrying again during lifetime of husband or wife.
explanation: BNSSClassification82(1) – Imprisonment for 7 years and fine.82(2) – Imprisonment for 10 years and fineNon-cognizableBailableTriable by Magistrate of the first class


section_number: 83
section_name: Marriage ceremony fraudulently gone through without lawful marriage.
explanation: Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
BNSSClassificationImprisonment up to 7 years and fine.Non-cognizableNon-bailableTriable by Magistrate of the first class


section_number: 84
section_name: Enticing or taking away or detaining with criminal intent a married woman.
explanation: Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
BNSSClassificationImprisonment for 2 years, or fine, or both.Non-cognizableBailableTriable by Any Magistrate


section_number: 85
section_name: Husband or relative of husband of a woman subjecting her to cruelty.
explanation: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
BNSSClassificationImprisonment for 3 years and fine.Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf.Non-bailableTriable by Magistrate of the first class


section_number: 86
section_name: Cruelty defined.
explanation: IPCSection498A
For the purposes of section85, “cruelty” means:any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; orharassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.


section_number: 87
section_name: Kidnapping, abducting or inducing woman to compel her marriage, etc.
explanation: Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.
BNSSClassificationImprisonment for 10 years and fineNon-cognizableNon-bailableTriable by Court of Session


section_number: 88
section_name: Causing miscarriage.
explanation: Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation:A woman who causes herself to miscarry, is within the meaning of this section.
BNSSClassificationCausing miscarriage – Imprisonment for 3 years, or fine, or both.If the woman be quick with child – Imprisonment for 7 years and fine.Non-cognizableBailableTriable by Magistrate of the first class


section_number: 89
section_name: Causing miscarriage without woman’s consent.
explanation: Whoever commits the offence under section86without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
BNSSClassificationImprisonment for life, or imprisonment for 10 years and fine.CognizableNon-bailableTriable by Court of Session


section_number: 90
section_name: Death caused by act done with intent to cause miscarriage.
explanation: Explanation:It is not essential to this offence that the offender should know that the act is likely to cause death.
BNSSClassification90(1) – Imprisonment for 10 years and fine.90(2) – Imprisonment for life, or as above.Non-cognizableNon-bailableTriable by Court of Session


section_number: 91
section_name: Act done with intent to prevent child being born alive or to cause it to die after birth.
explanation: Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
BNSSClassificationImprisonment for 10 years, or fine, or both.CognizableNon-bailableTriable by Court of Session


section_number: 92
section_name: Causing death of quick unborn child by act amounting to culpable homicide.
explanation: Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Illustration:A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.
BNSSClassificationImprisonment for 10 years and fine.CognizableNon-bailableTriable by Court of Session


section_number: 93
section_name: Exposure and abandonment of child under twelve years, by parent or person having care of it.
explanation: Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Explanation:This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure.
BNSSClassificationImprisonment for 7 years, or fine, or both.CognizableBailableTriable by Magistrate of the first class.


section_number: 94
section_name: Concealment of birth by secret disposal of dead body.
explanation: Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
BNSSClassificationImprisonment for 2 years, or fine, or both.CognizableBailableTriable by Magistrate of the first class.


section_number: 95
section_name: Hiring, employing or engaging a child to commit an offence.
explanation: Whoever hires, employs or engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself.
Explanation:Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.
BNSSClassificationImprisonment for not less than 3 years, but may extend to 10 years, and with fine;If offence be committed, additional punishment as provided for that offence.CognizableNon-BailableTriable by Magistrate of the first class.


section_number: 96
section_name: Procuration of child.
explanation: Whoever, by any means whatsoever, induces any child below the age of eighteen years to go from any place or to do any act with intent that such child below the age of eighteen years may be, or knowing that it is likely that such child will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
BNSSClassificationImprisonment for 10 years and fine.CognizableNon-bailableTriable by Court of Session


section_number: 97
section_name: Kidnapping or abducting child under ten years with intent to steal from its person.
explanation: Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
BNSSClassificationImprisonment for 7 years and fine.CognizableNon-BailableTriable by Magistrate of the first class.


section_number: 98
section_name: Selling child for purposes of prostitution, etc.
explanation: Whoever sells, lets to hire, or otherwise disposes of child below eighteen years of age with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation 1:When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation 2:For the purposes of this section “illicit intercourse” means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.
BNSSClassificationImprisonment for 10 years and fine.CognizableNon-BailableTriable by Court of Session.


section_number: 99
section_name: Buying child for purposes of prostitution, etc.
explanation: Whoever buys, hires or otherwise obtains possession of any child below the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to fourteen years, and shall also be liable to fine.
Explanation 1:Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
Explanation 2:“Illicit intercourse” has the same meaning as in section96.
BNSSClassificationImprisonment for not less than 7 years but which may extend to 14 years and fine.CognizableNon-BailableTriable by Court of Session.