BNS Section 64 : Punishment For Rape

Section 64 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It specifies the punishment for the offense of rape, establishing clear legal consequences to address this grave violation. The section outlines the penalties based on the severity of the offense, ensuring justice for victims and accountability for offenders.

This provision underscores the commitment to safeguarding individual dignity, bodily integrity, and rights, while providing a robust framework for deterrence and legal redress.

Definition of BNS Section 64

Section 64 of the BNS 2023 States:
(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever,—

(a) being a police officer, commits rape,—
(i) within the limits of the police station to which such police officer is appointed; or
(ii) in the premises of any station house; or
(iii) on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or

(b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or
(c) being a member of the armed forces deployed in an area by the Central Government or a State Government commits rape in such area; or ,br> (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or
(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing her to be pregnant; or
(i) commits rape, on a woman incapable of giving consent; or
(j) being in a position of control or dominance over a woman, commits rape on such woman; or
(k) commits rape on a woman suffering from mental or physical disability; or
(l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
(m) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.

For the purposes of this sub-section:

(a) 'Armed forces' include the naval, army, and air forces, along with any members of the Armed Forces established under existing laws. This also extends to paramilitary forces and auxiliary forces operating under the authority of the Central or State Government.

(b) 'Hospital' refers to the entire hospital premises, encompassing any institution dedicated to the care, treatment, or rehabilitation of individuals requiring medical attention or recovery.

(c) 'Police officer' carries the same meaning as defined for 'police' in the Police Act, 1861.

(d) 'Women’s or children’s institution' denotes any establishment, whether identified as an orphanage, home for neglected women or children, widow’s home, or by any other name, designed and maintained to provide care and shelter for women or children.

Explanation and Illustration of Section 64 (Bharatiya Nyaya Sanhita, 2023)

Section 64 of the Bharatiya Nyaya Sanhita (BNS) 2023 outlines the punishment for individuals convicted of committing rape.

1. General Punishment: Under sub-section (1), any individual who commits rape shall face rigorous imprisonment for a term no less than ten years, which can extend to life imprisonment. They will also be liable to a fine.

2. Aggravated Offenses: Sub-section (2) specifies harsher penalties for certain categories of perpetrators, where the crime is committed under particularly aggravating circumstances as explained above

In such aggravated cases, the punishment is rigorous imprisonment for no less than ten years, which can extend to life imprisonment (for the remainder of the person’s natural life), along with a fine.

Example:

Example 1: A police officer commits rape within the premises of the police station where he is stationed. The crime occurs while the victim is in his custody. According to Section 64, this is considered an aggravated rape, and the police officer will face rigorous imprisonment for at least ten years and may face a life sentence, in addition to a fine.

Example 2: A teacher commits rape on a student under their authority. In this case, the teacher’s position of trust and authority over the victim makes the crime aggravated. The teacher would be subject to a minimum of ten years’ imprisonment, with the possibility of life imprisonment and a fine.

Disclaimer

The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points of BNS 64

Standard Punishment for Rape

Imprisonment:A person convicted of rape shall receive rigorous imprisonment for a minimum term of ten years, which may be extended to life imprisonment

Fine: In addition to imprisonment, the convicted individual will also be subject to a fine.

Enhanced Punishment for Specific Circumstances

Police Officers: If a police officer commits rape:

Within the jurisdiction of their police station.

Within the station house premises.

On a woman in their custody or in the custody of a subordinate officer.

Public Servants: If a public servant commits rape on a woman in their custody or in the custody of a subordinate public servant.

Armed Forces Members: If a member of the armed forces commits rape in an area where they are deployed by the Central or State Government.

Jail/Remand Home Staff: If a staff or management member of a jail, remand home, or similar institution commits rape on an inmate.

Hospital Staff: If a staff or management member of a hospital commits rape on a woman in that hospital.

Relatives/Guardians/Teachers: If a relative, guardian, teacher, or person in a position of trust or authority commits rape.

During Communal/Sectarian Violence: If rape is committed during communal or sectarian violence.

Pregnant Women: If the perpetrator is aware that the victim is pregnant.

Incapable of Consent: If the victim is unable to give consent.

Position of Control: If the rape is committed by someone in a position of control or dominance over the victim.

Mental Illness/Disability: If the victim has a mental illness or physical disability.

Grievous Bodily Harm: If the act results in serious bodily harm, maiming, disfigurement, or endangers the victim's life.

Repeated Offense: If the rape is repeatedly committed on the same woman.

Differences Between Section 64 of BNS 2023 and its equivalent IPC section

This section outlines the key differences between Section 64 and its equivalent Indian penal code IPC section 376(1) & 376(2) focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

BNS Sections/ Subsections	Subject	IPC Sections	Summary of comparison
64	Punishment for rape.	376(1) & 376(2)	Word 'military' is replaced with 'army'.

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FAQs about Section 64 of the Bharatiya Nyay Sanhita (BNS)

Does Section 64 apply to cases involving minors?

Yes, Section 64 provides stricter penalties for rape involving minors, considering the heightened vulnerability of child victims. This aligns with laws protecting children, such as the Protection of Children from Sexual Offenses (POCSO) Act.

Can fines be imposed under Section 64?

Yes, fines may be imposed alongside imprisonment. The court can direct these fines to be paid to the victim as compensation, aiding in their rehabilitation and addressing the harm caused.

Does Section 64 include repeat offenders?

Yes, repeat offenders face harsher penalties under this section. The law takes a stricter stance against habitual criminals to prevent recurring offenses and reinforce the message of deterrence.

What factors influence sentencing under Section 64?

Courts consider factors like the victim's age, physical and mental trauma, the perpetrator's intent, and any aggravating circumstances. This ensures that sentencing is tailored to the gravity of the offense.

Can the death penalty be awarded under Section 64?

While Section 64 primarily prescribes imprisonment and fines, it allows the possibility of the death penalty in extreme cases, such as gang rape of minors, depending on judicial discretion and specific legal provisions.

Does Section 64 apply to all genders?

Section 64 focuses on the protection of women as victims of rape. However, other sections of the BNS or related laws may address sexual offenses against individuals of other genders.

How does Section 64 align with other laws on rape?

Section 64 complements other laws like the POCSO Act and various provisions under the Indian Penal Code. Together, they create a comprehensive legal framework to address and penalize sexual offenses.

What is the societal impact of Section 64?

Section 64 serves as a deterrent against sexual violence, promotes accountability, and ensures justice for victims. By addressing the offense with strict legal measures, it contributes to fostering a safer and more respectful society.