BNS Section 65 : Punishment for Rape in Certain Cases
Section 65 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 rape in certain aggravated cases, addressing scenarios that involve heightened severity or circumstances demanding stricter penalties.
This provision underscores the legal system's commitment to ensuring justice for victims while holding offenders accountable for particularly egregious acts. By outlining harsher consequences, it aims to deter such crimes, protect vulnerable individuals, and maintain public trust in the judicial process
Definition of BNS Section 65
Section 65 of the BNS 2023 States:
Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty 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: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine or with death: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim
Explanation and Illustration of Section 65 (Bharatiya Nyaya Sanhita, 2023)
This section prescribes stringent punishments for rape, with harsher penalties for younger victims:
1. Rape of a woman under 16 years:
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 65
BNS-65 specifically addresses the crime of rape against female minors, with distinct provisions based on the victim's age.
Punishment for Rape of a Girl Under Sixteen Years of Age
Punishment for Rape of a Girl Under Twelve Years of Age
Definitions and Important Terms
Differences Between Section 65 of BNS 2023 and its equivalent IPC section
This section outlines the key differences between Section 65 and its equivalent Indian penal code IPC section 376(3) 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 |
|---|---|---|---|
| 65 | Punishment for rape in certain cases- rape on a woman under sixteen years. | 376(3) | No change. |
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FAQs about Section 65 of the Bharatiya Nyay Sanhita (BNS)
What is the punishment for raping a girl under twelve years of age under Section 65?
For this offense, the punishment can include rigorous imprisonment for a minimum of twenty years, extendable to life imprisonment, or even the death penalty in extreme cases, along with a fine for the victim’s medical and rehabilitative expenses.
What is meant by 'rigorous imprisonment' in Section 65?
Rigorous imprisonment involves harsher conditions than regular imprisonment, requiring hard labor and more stringent detention terms.
Is the death penalty a mandatory punishment for raping a minor under twelve years?
No, the death penalty is an option that may be applied in extreme cases, but it is not mandatory. Judges may consider it based on the severity of the case.
How is 'life imprisonment' defined in Section 65?
Life imprisonment in this context means that the offender may remain incarcerated for their entire natural life, except in cases of parole or clemency.
Who receives the fine imposed under Section 65?
The fine is directed to the victim to cover costs related to medical treatment, rehabilitation, and other related needs.
