What are the laws on rape and sexual assault in India under the BNS?

Section 63 of the Bharatiya Nyaya Sanhita, 2023 retains the expansive post-2013 definition of rape: penetration of any orifice without consent, by any object or body part, or causing penetration. Consent must be:

(1) Unequivocal voluntary agreement, communicated by words, gestures or any form of verbal/non-verbal communication;
(2) Not procured by intimidation, fear of death or hurt, deception (including a false promise of marriage per Pramod Suryabhan Pawar v. State of Maharashtra, 2019), unsoundness of mind, intoxication, or position of authority;
(3) Continuous — withdrawal of consent at any point makes continuation an offence.

The age of consent is 18. For persons under 18, the POCSO Act, 2012 applies separately (see our POCSO guide). Marital rape remains an exception where the wife is over 18, though under active constitutional challenge.

Graded sentencing based on circumstances:

(1) Section 64 — basic rape — rigorous imprisonment for not less than 10 years, extendable to life imprisonment, plus fine;
(2) Section 65 — aggravated rape (by police officer, public servant, custodian, hospital staff, member of armed forces) — minimum 20 years, extendable to life. Section 65(1) (rape of woman under 12) and Section 65(2) (rape of woman under 16) provide for the death penalty;
(3) Section 66 — rape causing death or persistent vegetative state — minimum 20 years, extendable to death;
(4) Section 70 — gang rape — minimum 20 years, extendable to life; for gang rape of a woman under 18, life imprisonment that means the remainder of natural life;
(5) Section 71 — repeat offender — life imprisonment or death.

Courts cannot award sentences below the statutory minimum.

The BNSS, 2023 codifies extensive procedural protections:

(1) Mandatory FIR registration — no police officer may refuse;
(2) Statement under Section 183 BNSS — recorded by a Judicial Magistrate; may be done at the survivor's residence or hospital, ideally in the presence of a female officer;
(3) Free medical examination at any government or empanelled private hospital within 24 hours;
(4) Identity protection — publishing the survivor's identity is itself an offence under Section 72 BNS;
(5) In-camera trial under Section 366 BNSS — public excluded;
(6) Time-bound trial — to be completed within 2 months from filing of charge sheet;
(7) Free legal aid through the DLSA from the FIR stage onwards.

The Witness Protection Scheme, 2018 additionally protects identity, residence and safety of survivors and witnesses where needed.

Three independent sources of compensation:

(1) Section 396 BNSS Victim Compensation Scheme — administered by State Legal Services Authorities; ₹4-10 lakh for rape depending on the state, with higher amounts for permanent injury, pregnancy from rape, or HIV transmission. Apply through the DLSA;
(2) Interim compensation — per Nipun Saxena v. Union of India, (2019) 13 SCC 715, payable within 30 days of FIR, even before conviction. NALSA's 2018 Scheme prescribes ₹1 lakh interim;
(3) Civil suit for damages against the accused — separately, for medical expenses, mental trauma and consequential losses.

The NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault, 2018 harmonises minimums across states — ₹5 lakh for rape with statutory add-ons. The scheme also covers Trans persons and other gender-based violence victims under amended state rules.

Multiple free, confidential channels:

(1) One Stop Centres (Sakhi Centres) — over 700 across India, providing 24/7 emergency shelter, medical aid, police facilitation, legal counselling and psychological support, all under one roof;
(2) Women Helpline 181 — coordinates emergency response;
(3) Mahila Police Station / Mahila Help Desk at every district headquarters;
(4) National Commission for Women (NCW) at ncw.nic.in — for complaints against authorities or persistent inaction;
(5) District Legal Services Authority (DLSA) — free lawyer assignment from FIR stage under the Legal Services Authorities Act, 1987;
(6) Engage a reputable, specialised criminal lawyer with prior experience in sexual offence cases — referrals through DLSA, NCW, or local women's rights NGOs.

For procedural support, see our Zero FIR guide.