BNS Section 70 : Gang Rape
Section 70 of BNS is part of Chapter 5- Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It specifically addresses the offense of gang rape, where two or more individuals commit an act of sexual violence against a single victim. The section prescribes stringent penalties reflecting the gravity of the crime.
Definition of BNS Section 70
Section 70 of BNS 2023 States:
(1) Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and 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:
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) Where a woman under eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death:
Explanation and Illustration of Section 70 (Bharatiya Nyaya Sanhita, 2023)
This section addresses the punishment for the crime of rape committed by a group or multiple individuals acting together with a common intention. It includes specific provisions for the punishment of offenders, especially when the victim is under 18. Here's a detailed explanation:
- Section 1: Rape by a Group or Multiple Offenders
When multiple persons commit rape together: - If a woman is raped by one or more persons who constitute a group or are acting in furtherance of a common intention (meaning they work together to commit the crime), each of those persons will be considered to have committed the offense of rape. Punishment:
- Imprisonment: The punishment for each offender will be rigorous imprisonment for a minimum of 20 years. This term can be extended to life imprisonment, meaning the offender would remain in prison for the rest of their natural life.
- Fine: In addition to imprisonment, the offenders will also be liable for a fine. The fine should be just and reasonable to help cover the victim's medical expenses and rehabilitation needs.
- Payment to the victim: Any fine imposed under this sub-section must be paid directly to the victim, ensuring financial assistance for her recovery.
- Section 2: Rape of a Minor (Under 18) by Multiple Offenders
When the victim is under 18:
- If a woman under 18 years of age is raped by one or more persons acting together with a common intention, each offender is considered to have committed the crime of rape. Punishment:
- Imprisonment for Life:Each of the offenders will be sentenced to life imprisonment, which means imprisonment for the remainder of their natural life.
- Fine or Death Penalty: In addition to life imprisonment, the offender may also face a fine (similar to the previous section) or the death penalty if deemed appropriate by the court.
- Fine for the victim:As with the previous section, the fine must be just and reasonable, intended to cover the victim's medical expenses and rehabilitation, and it must be paid directly to the victim.
Key Points of BNS - Section 70
Section 70 of the Bharatiya Nyaya Sanhita (BNS) 2023 addresses the abuse of authority or trust by individuals in positions such as public servants or custodians, who exploit their power to coerce sexual acts. Here is a clear outline of the same:
Punishment for Gang Rape:
Punishment for Gang Rape of a Minor (under 18 years):
Differences Between Section 70 of BNS 2023 and its equivalent IPC Section 376D
This section outlines the key differences between Section 70 and its equivalent Indian penal code IPC section 376D 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 |
|---|---|---|---|
| 70 | Gang rape. | 376D | No Change except IPC section is included as subsection in BNS. |
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FAQs about Section 70 of the Bharatiya Nyaya Sanhita (BNS)
Does Section 70 apply to minors?
Yes, Section 70 applies to all victims, including minors. Offenses against children are treated with even greater severity, reflecting the vulnerability of young victims.
Is the death penalty mandatory under Section 70?
No, the death penalty is not mandatory. It is imposed in the rarest of rare cases, based on the gravity of the offense and its impact on the victim.
Can fines under Section 70 be directed toward victim compensation?
Yes, fines imposed under this section are often directed toward compensating the victim for medical expenses, rehabilitation, and other needs arising from the offense.
What role does intent play in gang rape cases under Section 70?
Intent plays a crucial role. Prosecutors must establish that the perpetrators acted with the intent to sexually assault the victim collectively, whether through planning or spontaneous action.
Does Section 70 address gang rape during communal violence?
Yes, the section applies to all instances of gang rape, including those committed during communal violence, riots, or other law-and-order breakdowns, ensuring justice for victims in such contexts.
What protections does Section 70 offer to victims?
The section provides legal recourse, ensuring victims can seek justice, receive compensation, and access support services for their recovery and rehabilitation.
How does Section 70 address repeat offenders?
Repeat offenders under Section 70 are likely to face harsher penalties, as the law recognises the increased threat posed by individuals with a history of similar offenses.
