Gang rape
What this section does
Provides that where a woman is raped by one or more persons acting as a group or in furtherance of a common intention, each person is deemed to have committed rape. Enhanced punishment applies, with a minimum of 20 years to natural life imprisonment and fine; where the victim is under 18, the punishment is natural life imprisonment and fine, or death.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Sub-section (1) (victim any age): Rigorous imprisonment not less than 20 years, extendable to imprisonment for the remainder of natural life, and fine (paid to victim). Sub-section (2) (victim under 18): Imprisonment for the remainder of natural life and fine (paid to victim), or death.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The woman was raped
- The rape was committed by one or more persons constituting a group or acting in furtherance of a common intention
- Each member of the group is deemed to have committed rape regardless of individual act
Practitioner note
The deeming provision means each participant is liable as a principal offender regardless of whether they personally committed the act of penetration. Fine must be just and reasonable to meet medical and rehabilitation costs and must be paid to the victim. Death penalty is available only under sub-section (2) (victim under 18).
- IPC Section 376D — Gang rape
Read the official text
For the binding statutory text of BNS Section 70, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 70 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.