Section 70 BNS: Gang Rape

Section 70 of the Bharatiya Nyaya Sanhita, 2023 deals with gang rape. Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each such person is deemed to have committed rape and is individually liable to the punishment prescribed by the section.

How Section 70 BNS works

Section 70 creates deemed individual liability for each person who is part of the group or acts in furtherance of the common intention. It contains one punishment regime for gang rape generally and a more severe regime where the woman is under eighteen years of age.

Text of Section 70, Bharatiya Nyaya Sanhita, 2023

Meaning of group liability under Section 70

The provision states that where the rape is committed by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons is deemed to have committed rape. The wording therefore attributes liability to each qualifying member of the group rather than limiting punishment only to the person who personally performed a particular act of penetration.

Punishment under Section 70(1)

For gang rape falling under sub-section (1), the minimum punishment is twenty years of rigorous imprisonment. The sentence may extend to imprisonment for the remainder of the offender's natural life, and fine is also imposed.

Punishment where the woman is under 18

Section 70(2) applies where the woman is under eighteen years of age. It provides imprisonment for the remainder of the offender's natural life and fine, or death.

Fine, medical expenses and rehabilitation

Both sub-sections require that the fine be just and reasonable to meet the medical expenses and rehabilitation of the victim. Any fine imposed under Section 70 must be paid to the victim.

Relationship with Sections 63, 65, 71 and 72 BNS

Section 63 defines rape. Section 65 provides enhanced punishment in specified age-based rape cases. Section 71 provides punishment for repeat offenders previously convicted under, among other provisions, Section 70. Section 72 restricts disclosure of the identity of victims of offences including Section 70, subject to the statutory exceptions.

Official legal references

For the authoritative statutory text, refer to the India Code database. The Ministry of Home Affairs New Criminal Laws page provides official material relating to the BNS, BNSS and BSA and their commencement.

Note: This page reproduces and explains the statutory provision for general legal information. The applicable legal position in a particular case may depend on the facts, date of occurrence, evidence, procedural law and binding judicial decisions.