Section 376 IPC, Now BNS Section 64: Punishment, Bail and the Legal Process

The sexual offences were re-enacted in Chapter 5 of the BNS. Old FIRs continue under the IPC number, so people still search 376, while a fresh FIR is registered under Section 64 BNS.

Where the survivor is a child, the Protection of Children from Sexual Offences (POCSO) Act, 2012 also applies alongside the BNS, as we explain in our note on the POCSO Act. The correct provisions depend on the facts, and getting them right is essential.

The classification reflects the gravity of the offence.

Because the offence is non-bailable and non-compoundable, it cannot be settled between parties, and bail is granted only by the Sessions Court or High Court after careful examination of the material. Bail considerations include the nature of the allegation, the stage of investigation, and the protection of the survivor and witnesses. For the meaning of these terms, see our legal glossary, and on the bail process generally, our bail service.

The law builds in specific protections and procedures for these cases, which both sides should understand.

• Recording of the survivor's statement: The statement is recorded with safeguards, and in appropriate cases before a Magistrate under Section 183 BNSS.
• Medical examination: A prompt medical examination is an important part of the record.
• Time-bound investigation and trial: The law contemplates expeditious investigation and trial in sexual offence cases.
• Fair trial rights of the accused: The accused is presumed innocent until proven guilty, is entitled to legal representation, and to test the evidence.
• Protection of identity: The identity of the survivor is protected in law.

A fair process depends on competent representation on both sides and strict adherence to procedure. Where an allegation is false or is a counterblast in a wider dispute, the defence lies in the medical record, the timeline, and the surrounding evidence, tested lawfully and without any attack on the dignity of the complainant.

Given the gravity, both an accused and a complainant benefit from early, careful legal guidance.

1. Engage competent counsel immediately. These are Sessions cases with serious consequences.
2. Preserve the record. Medical reports, the FIR, statements, and the timeline are central.
3. For the accused, bail is sought before the Sessions Court or High Court, and the defence is built strictly on the evidence and procedure.
4. For a complainant, the focus is on a proper investigation, protection, and support through the trial.
5. Follow the correct provisions, including POCSO where a child is involved.

These cases require sensitivity and rigour. Our page for a criminal lawyer in Lucknow explains how serious offences are handled before the Lucknow courts, and you can reach our office through the contact page.

Advocate Onkar Pandey (Bar Council of UP enrolment number UP 4825-1999) practises before the Allahabad High Court, Lucknow Bench, with a focus on serious criminal defence, Sessions trials, bail, and appeals across Lucknow and the wider Awadh region. He handles grave offences with the rigour they demand, building the defence strictly on the medical record, timeline, and procedure.

Chamber A-406, High Court, Lucknow, Awadh Bar, UP 226001. Phone +91 98392 71553. Email advonpandey@gmail.com. This article is general legal information and not a substitute for advice on your specific facts. To discuss a case, please use the contact page.