BNS Section 66: Punishment for Causing Death or PVS

Section 66 of BNS is part of Chapter 5- Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It outlines the punishment for acts of sexual violence resulting in the victim's death or leaving them in a persistent vegetative state. The provision emphasises the gravity of such offenses and ensures stringent penalties to deliver justice and deter heinous crimes.

Definition of BNS Section 66

Section 66 of the BNS 2023 States:
Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 64 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, 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, or with death.

Explanation and Illustration of Section 66 (Bharatiya Nyaya Sanhita, 2023)

This provision outlines the punishment for individuals who commit specific offenses under sub-section (1) or sub-section (2) of Section 64, Here’s a detailed explanation:

1. Applicability:

This punishment applies when an offender commits a crime as described in Section 64(1) or 64(2) and, during the offense, inflicts injuries so severe that they result in:

The death of the woman.

The woman as a result of the attack reaches a persistent vegetative state (a condition where the person is alive but permanently unconscious and unresponsive).

2. Punishment:

The law mandates rigorous imprisonment for a term that cannot be less than 20 years

The imprisonment can be extended to life imprisonment, which in this context means incarceration for the offender’s entire natural life

In extreme cases, the punishment may also include the death penalty.

3. Severity of Punishment:

The inclusion of life imprisonment and the death penalty reflects the grave nature of the crime and its devastating impact on the victim and society

The minimum 20-year imprisonment ensures that even the least severe punishment is substantial.

4. Purpose and Intent:

Protection and deterrence: The provision aims to deter individuals from committing such heinous crimes by imposing strict penalties

Justice for the victim: By emphasising severe consequences, it seeks to ensure justice for victims and their families

Acknowledgment of harm: The law recognises the irreparable harm caused by such offenses, whether through the victim’s death or a condition like a vegetative state, and penalizes it accordingly.

Disclaimer

The Information 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 66

This provision applies to offenses under Sections 64(1) and (2), which cover serious crimes like rape and other severe offenses with significant penalties.

Consequences of the Offense:
Injury resulting in death or persistent vegetative state where severe brain damage leaves her unresponsive.

Punishment for Severe Consequences:

Rigorous Imprisonment: A minimum of 20 years, extending to life imprisonment (for the offender’s natural life)

Death Penalty: An alternative punishment for causing death or irreversible harm to the victim.

Definitions:

Rigorous Imprisonment: A harsh form of imprisonment involving hard labor and stricter conditions.

Life Imprisonment: Incarceration for life, with no set release date, except for parole or clemency

Death Penalty: Execution of the convicted person

Persistent Vegetative State: A condition where a person is awake but unaware, with no conscious response to their surroundings

Differences Between Section 66 of BNS 2023 and its equivalent IPC section

This section outlines the key differences between Section 66 and its equivalent Indian penal code IPC Section 376A 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
66	Punishment for causing death or resulting in persistent vegetative state of the victim.	376A	No change.

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FAQs about Section 66 of the Bharatiya Nyay Sanhita (BNS)

How does Section 66 ensure justice for victims?

The section ensures that perpetrators of the most severe crimes face proportionate penalties. It also provides avenues for compensation to the victim’s family, addressing the harm caused and delivering justice.

Does Section 66 cover offenses against minors?

Yes, Section 66 applies to all victims, including minors. Offenses against children, particularly those resulting in death or permanent harm, attract the harshest penalties under this provision.

What is the role of intent in Section 66 cases?

Intent plays a critical role in determining the severity of the punishment. Crimes committed with malicious intent or extreme cruelty are likely to attract harsher penalties, including life imprisonment or death.

Is there a minimum sentence under Section 66?

The section prescribes a minimum sentence of rigorous imprisonment, ensuring that offenders of such grave crimes face significant consequences even in cases where the death penalty is not awarded.

Can fines be imposed under Section 66?

Yes, fines may be imposed in addition to imprisonment. These fines can be directed toward compensating the victim’s family for the financial and emotional harm caused by the offense.

Does Section 66 address gang rape?

Yes, the section applies to cases of gang rape where the offense results in the victim’s death or permanent incapacitation. Such cases are treated with utmost severity under this provision.