BNS Section 70 — Gang rape

Summary

Sub-section (1) covers gang rape of a woman. Where a woman is raped by one or more persons acting as a group or with a common intention, each of those persons is treated as having committed the offence of rape. The punishment is rigorous imprisonment for a term of not less than twenty years, which may extend to imprisonment for life, meaning imprisonment for the remainder of that person's natural life, along with a fine. The fine must be just and reasonable to cover the victim's medical expenses and rehabilitation, and any fine imposed must be paid to the victim.

Sub-section (2) covers gang rape of a woman under eighteen years of age. Where such a woman is raped by one or more persons acting as a group or with a common intention, each of those persons is treated as having committed the offence of rape. The punishment is imprisonment for life, meaning imprisonment for the remainder of that person's natural life, along with a fine, or the death penalty. The fine must be just and reasonable to cover the victim's medical expenses and rehabilitation, and any fine imposed must be paid to the victim.

Official Text

(1) Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and 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, and with fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this sub-section shall be paid to the victim.

(2) Where a woman under eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this sub-section shall be paid to the victim.

Referred to by

• BNS §71 — Punishment for repeat offenders
• BNS §72 — Disclosure of identity of victim of certain offences, etc
• BNS §199 — Public servant disobeying direction under law
• BNSS §21 — Courts by which offences are triable
• BNSS §173 — Information in cognizable cases
• BNSS §180 — Examination of witnesses by police
• BNSS §193 — Report of police officer on completion of investigation
• BNSS §346 — Power to postpone or adjourn proceedings
• BNSS §366 — Court to be open
• BNSS §482 — Direction for grant of bail to person apprehending arrest
• BNSS §483 — Special powers of High Court or Court of Session regarding bail

Related Judgments

• IMRAN PRATAPGADHI vs STATE OF GUJARAT AND ANR — Supreme Court of India (2025)
• RAMBALAK vs STATE OF U.P — Supreme Court of India (2026)
• Mr. Akbar Kaleem, Advocates.; Mr.; Madhu; Mukul; Tripathi; Mr. Utkrish vs STATE NCT OF DELHI — Delhi High Court (2025)

Old <-> New Code Mapping

• IPC §376D — Gang rape