BNS Section 70 : Gang Rape

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 BNS Section 70

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.

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