Section 64 BNS (Formerly 376 IPC) Sexual Assault Case in Odisha
Section 376 IPC is now Section 64 BNS. Punishment remains severe — 10 years to life imprisonment — with bail still very difficult to secure. Here is what changed procedurally and what both accused and victims need to know in Odisha.
By Advocate Debarchana Samal · 22 July 2026 · 8 min read
From Section 376 IPC to Section 64 BNS: What Actually Changed
On 1 July 2024, the Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code across India, including Odisha. Section 375 IPC (definition of rape) is now Section 63 BNS, and Section 376 IPC (punishment for rape) is now Section 64 BNS. If you or a family member is facing a sexual assault allegation in Cuttack or anywhere in Odisha today, the FIR, chargesheet, and judgment will all cite Section 64 BNS rather than Section 376 IPC — but do not assume the substance of the law has softened. It has not.
The renumbering is largely a continuation exercise. Parliament retained the ingredients of the offence, retained the punishment structure almost exactly, and added a few clarifications — including express recognition of certain aggravated circumstances and tighter alignment with the Protection of Children from Sexual Offences (POCSO) Act where the victim is a minor. For someone facing this accusation, or a survivor seeking justice, the practical experience of the case — arrest, bail, trial, and appeal — proceeds along a very similar path to before, now governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS) instead of the CrPC, and the Bharatiya Sakshya Adhiniyam (BSA) instead of the Evidence Act.
Punishment Structure Under Section 64 BNS
Section 64(1) BNS — Basic Offence
Covers: Rigorous imprisonment of not less than 10 years, extendable to life imprisonment, plus fine
This is the base punishment for the offence of rape as defined under Section 63 BNS.
Section 64(2) BNS — Aggravated Categories
Covers: Offences by police officers, public servants, armed forces personnel, persons in positions of trust or authority, gang rape, and repeat offenders
Punishment is rigorous imprisonment for life, meaning the remainder of the convict's natural life, plus fine.
Section 70 BNS (formerly Section 376D IPC) continues to punish gang rape with rigorous imprisonment for life, and Section 66 BNS deals with cases where the act results in the victim's death or persistent vegetative state, prescribing minimum imprisonment of 20 years extendable to life or death. These provisions have not been diluted — if anything, cross-referencing with POCSO and repeat-offender provisions has been made clearer.
Victim Protections Strengthened Under BNSS
Bail Remains Near-Impossible at the Magistrate Level
Section 64 BNS is a non-bailable, cognisable offence exclusively triable by the Sessions Court. A Magistrate has no power to grant bail. The accused's only options are anticipatory bail under Section 482 BNSS (before arrest) or regular bail under Section 483 BNSS (after arrest), and both must be moved before the Sessions Court or the Odisha High Court. Courts in Odisha treat these applications with extreme caution given the gravity of the allegation and the potential for witness or victim intimidation.
That said, bail is not automatically refused. Courts have granted bail where there is inordinate and unexplained delay in lodging the FIR, where the complainant's version contains material contradictions, where medical evidence does not corroborate the allegation, or where the relationship and circumstances suggest a consensual matter later disputed. Each of these arguments requires careful factual development by an experienced criminal lawyer — this is not a case to handle without one.
The Trial Process Under the New Codes
FIR registration and mandatory medical examination
Police must register the FIR without delay under Section 173 BNSS. The victim's medical examination is arranged promptly, and her statement may be video-recorded under Section 176 BNSS.
Investigation and forensic collection
BNSS makes forensic evidence collection mandatory in offences punishable with 7 years or more imprisonment. A forensic expert must visit the crime scene and collect evidence, strengthening the scientific basis of the case for both sides.
Chargesheet within the statutory period
The chargesheet must generally be filed within 90 days (extendable up to 180 days with court permission). If it is not filed in time, the accused becomes entitled to apply for default/statutory bail.
Committal and framing of charge before Sessions Court
Since the offence is triable exclusively by the Sessions Court, the case is committed after a preliminary Magistrate proceeding, and charges are formally framed once the court finds a prima facie case.
In-camera trial and cross-examination
The entire trial is conducted in-camera. The victim is examined and cross-examined with sensitivity safeguards in place — questions about her character or past sexual history are barred under the Bharatiya Sakshya Adhiniyam.
Judgment within statutory timelines
BNSS pushes for speedy trial completion — as far as practicable within two months of the chargesheet — and judgment within 45 days of the conclusion of arguments. Either side can appeal an adverse verdict to the Odisha High Court.
Why Self-Representation Is Extremely Risky in Section 64 BNS Cases
I have seen families try to handle these matters informally — through community elders, verbal assurances, or a hastily hired junior lawyer without trial experience in serious sexual offence cases. This is one of the most consequential mistakes a family can make. A Section 64 BNS case carries a minimum of 10 years' imprisonment on conviction, permanent reputational damage, and lifelong consequences for the accused's family. For the victim, an inexperienced or unsupported approach to the case can result in a weak chargesheet, a poorly conducted trial, or an acquittal that should never have happened. Both sides need focused, experienced representation from the very first day — not after the FIR has already been mishandled.
Critical warning: Do not attempt to settle a Section 64 BNS matter privately, pressure a complainant to withdraw, or make any statement to police or media without your lawyer present. Such actions can themselves attract independent criminal liability, including witness intimidation charges.
Frequently Asked Questions
Is Section 64 BNS the same as Section 376 IPC?
Yes. Section 376 IPC (punishment for rape) was renumbered as Section 64 BNS when the Bharatiya Nyaya Sanhita came into force on 1 July 2024. The punishment structure and ingredients of the offence remain substantially unchanged.
Can a person get bail in a Section 64 BNS case in Odisha?
Bail is extremely difficult but not legally impossible. It can only be granted by the Sessions Court or the Odisha High Court, and courts apply strict scrutiny. Bail is more achievable where there is unexplained delay in the FIR, material contradictions in the complaint, or evidence suggesting false implication.
What protections does BNSS give to victims in Section 64 BNS cases?
BNSS mandates in-camera trials, allows video recording of the victim's statement, permits a support person to be present during statement recording, and prohibits disclosure of the victim's identity in media or published judgments.
What is the punishment under Section 64 BNS?
Rigorous imprisonment of not less than 10 years, extendable to life imprisonment, along with a fine. Aggravated circumstances such as gang rape, offences by persons in authority, or offences causing the victim's death carry minimum sentences of 20 years to life imprisonment.
How long does a Section 64 BNS trial take in Odisha courts?
BNSS aims for trial completion within two months of the chargesheet being filed and judgment within 45 days of conclusion of arguments, though actual timelines depend on court backlog. Experienced legal representation helps keep the case moving without unnecessary delay.
Facing a Section 64 BNS Case in Cuttack or Odisha?
Advocate Debarchana Samal represents both accused persons and survivors in sensitive sexual offence matters before Sessions Courts and the Odisha High Court. Contact us for a confidential, urgent consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
Need Legal Help?
Facing a Criminal Case in Cuttack or Odisha?
Schedule Your Legal Consultation Today
Every legal matter has a time-sensitive dimension — the sooner you seek counsel, the stronger your position.
Serving clients across Cuttack, Bhubaneswar, and all districts of Odisha.