CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD · Of sexual offences

Section 70: Gang rape

The Bharatiya Nyaya Sanhita, 2023

(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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

70(1)	376D. Gang rape.
70(2) (Gang Rape - Below 18 years)	376DA.Punishment for gang rape on woman under sixteen years of age. 376DB. Punishment for gang rape on woman under twelve years of age.

Questions on this section

15 questions in 53 of our papers cite Section 70. Try these from the free papers:

1. Under the proviso to Section 149 of the BSA, in a prosecution for an offence under any of Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023, or an attempt to commit such an offence, where the question of consent is in issue, it is not permissible to put questions in the cross-examination of the victim as to:
2. Consider the following statements: 1. Section 48 of the BSA, which makes evidence of the character or previous sexual experience of the victim irrelevant on the issue of consent, applies to prosecutions under Sections 64 to 71 and also Sections 74 to 78 of the Bharatiya Nyaya Sanhita, 2023. 2. The proviso to Section 149 of the BSA, which bars questions in the cross-examination of the victim as to general immoral character or previous sexual experience, applies to prosecutions under Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023. 3. Each of these provisions also applies to a prosecution for an attempt to commit any of the offences it lists. Which of the statements given above are correct?
3. Under the proviso to Section 346(1) of the BNSS, an inquiry or trial relating to an offence under Section 64, 65, 66, 67, 68, 70 or 71 of the Bharatiya Nyaya Sanhita, 2023 shall be completed within:

Practise questions on Bharatiya Nyaya Sanhita