Cases under Section 376 IPC — now Section 64 of the Bharatiya Nyaya Sanhita — are among the most serious on the criminal docket. This page explains the provision and the trial process in neutral terms, for families of accused persons and for complainants seeking to understand the proceedings.
The Provision
Rape is defined in Section 375 IPC, carried into Section 63 BNS, and the punishment is prescribed by Section 376 IPC, now Section 64 BNS: rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, together with fine. Aggravated categories — including offences by persons in positions of authority or trust — carry enhanced minimums, and separate provisions deal with repeat offenders and offences against children. Offences committed before 1 July 2024 continue to be tried under the IPC.
| Subject | IPC (before 1 July 2024) | BNS (on or after 1 July 2024) |
|---|---|---|
| Definition of rape | Section 375 | Section 63 |
| Punishment for rape | Section 376 | Section 64 |
How Such Trials Proceed
The offence is cognizable, non-bailable and triable by the Court of Session. In Delhi, these cases are assigned to designated fast-track courts so that trials proceed on a day-to-day basis as far as possible. The complainant's statement is recorded before a Magistrate during investigation, medical examination of both parties forms part of the record, and the trial is held in camera. The law strictly prohibits disclosure of the complainant's identity in any publication or proceeding; under the IPC this was Section 228A, and the prohibition continues under the BNS.
For Families of Accused Persons
The accused has the right to counsel, to copies of the prosecution record, to cross-examine witnesses through counsel, and to apply for bail, which the Sessions Court and High Court decide on the facts of each case. The chamber's approach to such defence work is set out on the defence representation page.
For Complainants
A complainant is entitled to free medical treatment, to have her statement recorded by a woman officer, to protection of her identity, and to be heard through counsel at material stages, including bail hearings in certain cases. The chamber advises complainants on these rights and on the conduct of the prosecution.
Advocate Manish Jha appears in such matters before the Delhi District Courts and the High Court of Delhi, acting for either side with equal professional rigour, and never for both in the same case.
Frequently Asked Questions
What is the punishment under Section 376 IPC / Section 64 BNS?
Rigorous imprisonment for a term of not less than ten years, which may extend to imprisonment for life, together with fine. Aggravated forms of the offence, including those committed by persons in authority or positions of trust, attract higher minimum sentences. Offences committed before 1 July 2024 are punished under Section 376 IPC; later offences fall under Section 64 BNS.
Which court tries offences under Section 376 / Section 64 BNS?
The Court of Session tries these offences. In Delhi they are assigned to designated fast-track special courts at the district court complexes, which are expected to conduct proceedings expeditiously, often on a day-to-day basis. Trials are held in camera and the identity of the complainant is protected by law throughout the proceedings and in any reporting.
Can the identity of the complainant be disclosed?
No. Disclosure of the identity of a complainant in such cases is itself a criminal offence, under Section 228A IPC for earlier matters and the corresponding BNS provision now. Courts, police, media and private persons are all bound. Orders and judgments refer to the complainant in anonymised terms, and cause lists do not carry her name.
Is bail possible in a Section 376 / Section 64 BNS case?
Bail is legally available but granted with caution. The Sessions Court or High Court considers the specific allegations, the material collected, the stage of investigation, the risk of influencing the complainant, and custodial duration. Where bail is granted, strict conditions typically follow, including directions against any contact with the complainant or her family.