Introduction: BNS Chapter 5 — Offences Against Women
The Bharatiya Nyaya Sanhita (BNS) 2023 replaced the Indian Penal Code (IPC) 1860 with effect from 1 July 2024. Chapter 5 of the BNS, titled “Offences Against Women,” spans Sections 63 to 99 and consolidates all major offences relating to rape, sexual assault, acid attacks, dowry death, cruelty, and kidnapping of women.
For judiciary exam aspirants — whether preparing for UP PCS-J, Bihar PCS-J, Delhi Judicial Services, or any state judicial service — this chapter is among the most heavily tested. Questions on exact section numbers, punishments, and comparisons with old IPC provisions appear regularly in both Preliminary and Mains papers.
This guide provides a section-by-section analysis of BNS Chapter 5, a comparison table with IPC provisions, relevant case law, and exam-focused tips.
BNS Section 63: Rape — Definition and Scope
Section 63 of the BNS defines rape. It substantially mirrors the post-2013 (Criminal Law Amendment Act) definition of rape under IPC Section 375, incorporating the expanded definition introduced after the Nirbhaya case.
Key Elements of Section 63 (Rape Definition)
- Sexual intercourse by a man with a woman against her will or without her consent.
- Consent obtained under fear of death, hurt, or fraudulent misrepresentation is not valid consent.
- A man commits rape if the woman is unable to communicate consent (intoxicated, unconscious, mentally unsound).
- Statutory rape: Sexual intercourse with a woman under 18 years, even with consent.
Exception: Sexual intercourse by a man with his own wife is not rape if the wife is 18 years or above (marital rape exception remains — a contested provision).
Punishment under Section 64: Rigorous imprisonment not less than 10 years, extendable to life imprisonment, and fine.
Sections 64-70: Enhanced Punishments for Aggravated Rape
| BNS Section | Offence | Minimum Punishment |
|---|---|---|
| Section 64(1) | Punishment for rape (general) | 10 years RI, extendable to life |
| Section 64(2) | Rape on woman under 16 years | 20 years RI, extendable to life or death |
| Section 65 | Rape on woman under 12 years | 20 years RI, extendable to life or death |
| Section 66 | Rape by a police officer | Minimum 10 years RI |
| Section 67 | Rape by public servant, jail staff, etc. | Minimum 10 years RI |
| Section 68 | Rape by person in fiduciary position | Minimum 10 years RI |
| Section 70 | Gang rape | 20 years RI or life imprisonment |
Sections 73-77: Acid Attack Provisions — A New Detailed Chapter
The BNS has significantly strengthened the acid attack provisions compared to the IPC. While the IPC had basic provisions inserted after the 2013 amendment, the BNS provides a more comprehensive framework.
- Section 73: Throwing or attempting to throw acid — minimum 10 years imprisonment, extendable to life, and fine to meet medical expenses of victim.
- Section 74: Attempt to commit acid attack — punishable with imprisonment of 5 to 7 years, and fine.
- Section 75: Sexual harassment — covers acts that constitute unwelcome sexual gestures, demand for sexual favours, and unwelcome physical contact.
- Section 76: Assault or use of criminal force with intent to disrobe a woman — minimum 3 years, extendable to 7 years, and fine.
- Section 77: Voyeurism — watching or capturing intimate images of a woman without consent.
Exam Tip: Acid attack provisions under BNS are a new detailed addition compared to IPC. Questions testing whether a candidate knows the specific BNS section (vs the old IPC section 326A/326B) are common.
Sections 85-86: Cruelty and Dowry Death
Section 85 — Cruelty by Husband or His Relatives (replaces IPC 498A)
Section 85 BNS directly corresponds to IPC Section 498A (Cruelty by husband or his relatives). It punishes any wilful conduct likely to drive a woman to commit suicide, or to cause grave injury to her life, limb, or health — including harassment for dowry.
Punishment: Imprisonment up to 3 years and fine.
Section 86 — Dowry Death (replaces IPC 304B)
Section 86 BNS corresponds to IPC Section 304B (Dowry Death). Where the death of a woman is caused by burns, bodily injury, or occurs under suspicious circumstances within 7 years of marriage, and it is shown she was subjected to cruelty or harassment in connection with demands for dowry.
Punishment: Minimum 7 years, extendable to life imprisonment.
Key Difference: BNS Section 86 shifts the burden of proof — once prosecution establishes the death occurred within 7 years of marriage under suspicious circumstances, it is presumed to be dowry death unless the accused proves otherwise.
Section 87: Kidnapping and Abduction of Women
Section 87 deals with kidnapping or abduction of a woman to compel her to marry against her will, or to force/seduce her to illicit intercourse. This replaces IPC Section 366.
Punishment: Imprisonment up to 10 years and fine.
Key Changes from IPC to BNS — Comparison Table
| Old IPC Section | Offence | New BNS Section | Key Change |
|---|---|---|---|
| IPC 375 | Rape (definition) | BNS 63 | Expanded consent definition retained; digital rape included |
| IPC 376 | Punishment for rape | BNS 64 | Minimum punishment raised; age-based aggravation |
| IPC 376A | Rape causing death / persistent vegetative state | BNS 66 | Renumbered; punishment same (20 yrs to life/death) |
| IPC 376D | Gang rape | BNS 70 | Life imprisonment minimum retained |
| IPC 326A | Acid attack | BNS 73 | More detailed; victim compensation mandatory |
| IPC 326B | Attempt acid attack | BNS 74 | Clearer definition; enhanced punishment |
| IPC 354 | Assault / criminal force on woman | BNS 74-78 | Split into multiple detailed sections |
| IPC 498A | Cruelty by husband | BNS 85 | Same punishment; cognizable, non-bailable |
| IPC 304B | Dowry death | BNS 86 | Same framework; burden-shifting presumption retained |
| IPC 366 | Kidnapping to compel marriage | BNS 87 | Same punishment; updated language |
Relevant Case Law Still Applicable
- Vishaka v State of Rajasthan (1997): Supreme Court established guidelines on sexual harassment at workplace — the basis for the POSH Act 2013. These guidelines remain valid under BNS framework.
- Mukesh v State (NCT of Delhi) — Nirbhaya Case (2017): Led to Criminal Law Amendment Act 2013 and the expanded rape definition now carried into BNS Section 63.
- State of Maharashtra v Madhukar Narayan Mardikar (1991): Every woman has the right to sexual privacy regardless of her character — highly relevant for BNS rape trials.
- Lajja Devi v State (Punjab and Haryana HC): Established that marital cruelty under IPC 498A (now BNS 85) is cognizable and non-bailable.
Exam Strategy: BNS Offences Against Women
Judiciary exams test BNS provisions in two ways: exact section number identification, and punishment quantum questions. Here is how to prepare:
- Memorise anchor sections: BNS 63 (rape definition), BNS 64 (punishment), BNS 70 (gang rape), BNS 73 (acid attack), BNS 85 (cruelty/498A equivalent), BNS 86 (dowry death/304B equivalent).
- Know the IPC-to-BNS mapping: Examiners often ask “which BNS section corresponds to IPC 498A” — know these mappings cold.
- Focus on minimum punishment: Judiciary exams frequently test the floor punishment, not the ceiling.
- Understand new additions: Acid attack as a detailed chapter, and the explicit digital rape provision are new to BNS — high exam relevance.
Practice Quiz: BNS Offences Against Women
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Frequently Asked Questions
Has BNS changed the definition of rape from the IPC?
No fundamental change. BNS Section 63 carries forward the expanded definition of rape introduced by the Criminal Law Amendment Act 2013 (post-Nirbhaya). The definition now includes non-penetrative forms of sexual assault and digital rape. The marital rape exception remains.
What is the difference between BNS 85 and BNS 86?
BNS Section 85 deals with cruelty by husband or his relatives (equivalent to IPC 498A) — physical or mental cruelty, including dowry harassment. BNS Section 86 deals specifically with dowry death (equivalent to IPC 304B) — where the woman dies within 7 years of marriage under suspicious circumstances linked to dowry demands.
Are IPC-era judgments still valid for BNS provisions?
Yes. Case laws decided under IPC provisions that have been carried over with the same substance into BNS remain applicable. The BNS Savings Clause ensures continuity. Courts regularly apply IPC-era precedents to interpret corresponding BNS sections.
Which BNS provisions on offences against women are entirely new with no IPC equivalent?
The most significant new additions are the detailed acid attack provisions (Sections 73-74), voyeurism (Section 77), and stalking (Section 78) as separate detailed sections. While IPC had brief provisions post-2013, BNS provides more structured and detailed treatment of these offences.
