Under the Bharatiya Nyaya Sanhita, 2023, the offence of gang rape is punishable under Section

Section 70 of the BNS (formerly section 376D IPC, inserted by the Criminal Law (Amendment) Act, 2013) is the gang-rape provision. It treats each person in the group, or acting in furtherance of a common intention, as having committed rape. Under section 70(1) the punishment is rigorous imprisonment of not less than twenty years, extending to imprisonment for the remainder of natural life, and fine; section 70(2) makes gang rape of a woman under eighteen punishable with imprisonment for the remainder of natural life and fine, or with death. Section 64(2)(g) concerns rape committed during communal or sectarian violence, section 67 sexual intercourse by a husband with his wife during separation, and section 68 sexual intercourse by a person in authority.