The Varanasi Rape Case Analysis, Facts, and BNS Provisions

By Advocate Arunendra Singh – Criminal Law Expert

Facts of the matter:

In early April 2025, a 19-year-old girl from Varanasi alleged that she had been abducted and sexually assaulted by 23 individuals over a period of seven days. According to reports, the ordeal began when she left her home on March 29, 2025. She was allegedly drugged and taken to multiple locations, including several hotels, where she was repeatedly assaulted. The victim returned home on April 4 and informed her family about the incident, leading to a formal complaint being lodged on April 6.

Law enforcement agencies acted promptly, and as of April 10, 2025, nine individuals have been arrested in connection with the case. Efforts are ongoing to apprehend the remaining suspects.

Why Varanasi Rape Case Matters

In a city as sacred and historically rich as Varanasi, crimes like rape shake not just the conscience of its people—but also spotlight the state of law enforcement and legal processes in India.

The Varanasi Rape Case is not just another entry in a long list of criminal trials. It’s a test—of the justice system, public sensitivity, and the efficacy of India’s newly introduced criminal code: the Bharatiya Nyay Sanhita, 2023 (BNS).

Let’s break down what happened, how the law views it, and most importantly—what has changed now that the BNS replaces the Indian Penal Code (IPC).

Quick Timeline of the Case

The incident took place in March -April 2025, when a young woman from the outskirts of Varanasi accused a local youth—known to her—of raping her . She lodged a First Information Report (FIR) the very next day, detailing both physical and digital evidence (including WhatsApp chats and location tracking).

Police acted swiftly, and the accused was arrested within 48 hours. The local Sessions Court remanded him in judicial custody, while a charge sheet was filed under the new BNS framework.

What followed was an intense debate—on television, in homes, and on social media—over consent, digital proof, and how the law will now prosecute rape under the Bharatiya Nyay Sanhita.

The Shift from IPC to BNS: What’s Changed?

Before we dive deeper into the legal angles, let’s get one thing clear: The IPC is no longer the applicable law for new crimes committed after January 1, 2024.

In its place, the Bharatiya Nyay Sanhita (BNS), 2023, governs offenses like rape, assault, and kidnapping. The BNS aims to streamline criminal justice and make legal terminology more accessible.

But has it really made a difference?

Let’s decode the key legal provisions invoked in the Varanasi rape case.

BNS Provisions Relevant to the Varanasi Rape Case

Section 63 – Rape

Section 63 of the BNS corresponds to the old Section 375 of the IPC, with updated language and definitions. It lays down what constitutes rape, with “lack of consent” as the central factor.

The Varanasi charge sheet invoked this section, citing:

• Penetrative sexual assault without voluntary consent.
• Use of manipulation and force.
• Threat of harm if she disclosed it.

Remember, BNS emphasizes “unequivocal, voluntary, and informed consent.” The burden lies on the accused to show the act was consensual.

Section 64 – Punishment for Rape

The accused, if found guilty under Section 64, faces:

• 10 years to life imprisonment, depending on aggravating factors.
• A fine, and compensation to the survivor under Section 357 of Bharatiya Nagarik Suraksha Sanhita (BNSS).

In this case, since the accused was known to the survivor and there’s no evidence of grievous injury, the prosecution is arguing for minimum 10 years imprisonment.

Section 66 – Aggravated Forms of Rape

Although this case doesn’t involve gang rape or custodial circumstances, Section 66 comes into play when rape is committed under positions of power, against minors, or with severe physical injury.

The defense is keen to ensure it isn’t included, as it would escalate punishment to life imprisonment or even death penalty.

Section 69 – Presumption of Absence of Consent

Here’s where BNS borrows from Section 114A of the Indian Evidence Act, now replaced by BNS-linked evidentiary clauses.

If the survivor testifies she did not consent, the court presumes absence of consent—unless the accused proves otherwise.

In the Varanasi case, this provision could tip the scale. The survivor’s testimony and digital evidence (Google Maps history, chats, call logs) reinforce her claim.

Section 137 – Criminal Intimidation

As per the FIR, the accused allegedly threatened the survivor with “dire consequences” if she spoke up.

This leads to invocation of Section 137 of the BNS (parallel to old IPC Section 506) for criminal intimidation, which adds further weight to the prosecution’s argument.

Evidence

This case shows how modern digital forensics are becoming central to rape trials:

• WhatsApp Chats: Used to show prior relationship—but also coercive language.
• Google Location: Confirms the survivor’s physical presence at the described location.
• Medical Examination: Corroborates force and injury.
• Witnesses: A neighbor reported hearing screaming.

Under the BNSS (which replaces the CrPC), statements under Section 183 (equivalent to CrPC 164) are crucial. The survivor recorded one before a magistrate—bolstering the case.

Legal Proceedings and Challenges

Once a complaint is filed, the legal process involves several stages:​

1. Filing of FIR: The First Information Report (FIR) is registered, detailing the victim’s account of the incident.​
2. Medical Examination: A medical examination of the victim is conducted to collect evidence and provide necessary medical care.​
3. Investigation: Law enforcement agencies investigate the allegations, gather evidence, and apprehend the accused.​
4. Charge Sheet Filing: Upon completion of the investigation, a charge sheet is filed in court, outlining the charges against the accused.​
5. Trial: The case proceeds to trial, where evidence is presented, and witnesses are examined.​
6. Judgement: Based on the evidence, the court delivers its judgement, acquitting or convicting the accused.​

However, several challenges often arise during these proceedings:​

• Delayed Reporting: Victims may delay reporting due to fear of stigma or retaliation, which can impact evidence collection.​
• Evidence Preservation: Ensuring the integrity and preservation of evidence is crucial for a successful prosecution.​
• Witness Testimony: Witnesses may be reluctant to testify due to fear or coercion.​
• Trial Delays: Judicial backlogs can lead to prolonged trials, causing additional trauma to the victim.​

Broader Implications and the Need for Reform

The Varanasi case underscores the persistent issue of sexual violence in India and highlights the need for systemic reforms:​

Public Awareness: Educational campaigns can challenge societal norms that perpetuate gender-based violence and promote a culture of respect and consent.​

Legal Reforms: While laws have been strengthened over the years, there is a need for continuous evaluation to address emerging challenges and ensure victim-centric approaches.​

Police Reforms: Enhancing the sensitivity and responsiveness of law enforcement agencies can encourage victims to come forward and ensure thorough investigations.​

Judicial Efficiency: Fast-tracking sexual assault cases can reduce the trauma for victims and serve as a deterrent for potential offenders.​

“The Varanasi rape case represents a real-life test of how well the BNS adapts to India’s modern legal needs. The case touches on themes of consent, digital evidence, and procedural fairness—and may set a new precedent under post-IPC jurisprudence.”

“While legal language may have changed, the soul of justice remains unchanged—protecting bodily autonomy, dignity, and trust in the rule of law.”

What Makes This Case Stand Out?

1. Fast-track Investigation
   Local police acted with notable speed—something not common in earlier rape trials.
2. Use of BNS from Day One
   The FIR and charge sheet used only BNS references, showing the judiciary’s quick adoption.
3. Digital Consent Debate
   The case may prompt broader conversations about digital footprints as consent indicators—something not settled in Indian law yet.
4. Media vs Judiciary Balance
   The media frenzy led to a gag order by the court—to ensure a fair trial, as per BNS-linked trial integrity clauses.

What will Happen Now?

• The case has moved into trial stage, with examination of witnesses ongoing.
• Final arguments are expected in June 2025.
• Verdict will serve as a legal precedent under BNS, especially regarding Section 63 interpretations.

FAQs

Case That Goes Beyond Headlines

The Varanasi rape case is more than a legal file. It’s a story about a woman’s fight, a system adapting to new laws, and a nation deciding how seriously it treats sexual violence.

The allegations in the Varanasi case are a grim reminder of the challenges that persist in addressing sexual violence in India. While the legal framework provides mechanisms for justice, effective implementation, societal support, and systemic reforms are essential to create a safer environment for all individuals. It is imperative for society, law enforcement, and the judiciary

With the Bharatiya Nyay Sanhita in place, India has a chance to rewrite justice—not just its penal code.

Let’s hope this case becomes a milestone, not just a media moment.