Code: Section 64 BNS
(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
(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.
Explanation.—For the purposes of this sub-section,—
(a) “armed forces” means the naval, army and air forces and includes any member
of the Armed Forces constituted under any law for the time being in force, including
the paramilitary forces and any auxiliary forces that are under the control of the Central
Government or the State Government;
(b) “hospital” means the precincts of the hospital and includes the precincts of
any institution for the reception and treatment of persons during convalescence or of
persons requiring medical attention or rehabilitation;
(c) “police officer” shall have the same meaning as assigned to the expression
“police” under the Police Act, 1861;
(d) “women’s or children’s institution” means an institution, whether called an
orphanage or a home for neglected women or children or a widow’s home or an
institution called by any other name, which is established and maintained for the
reception and care of women or children.
Explanation of Section 64 BNS
Section 64 of the Bharatiya Nyaya Sanhita (BNS), 2023, lays down strict penalties for rape, ensuring severe punishment for aggravated cases.
Key Provisions:
- Basic Punishment: Minimum 10 years rigorous imprisonment, extendable to life imprisonment, along with a fine.
- Aggravated Cases: Life imprisonment or death penalty for extreme cases, such as rape of a minor, causing permanent injury, or committing rape during riots.
- Mandatory Fine: Ensures financial compensation for the survivor’s medical and psychological rehabilitation.
Illustrations
Example 1: Standard Rape Case
A woman is assaulted and raped by an acquaintance. The offender is convicted under Section 64(1) and sentenced to 12 years rigorous imprisonment along with a fine.
Example 2: Rape of a Minor
A 14-year-old girl is raped by a 35-year-old man. Under Section 64(2)(b), the offender faces life imprisonment or the death penalty.
Example 3: Rape by a Public Official
A police officer commits rape while in uniform and on duty. Since he was in a position of authority, he is punished under Section 64(2)(c) with life imprisonment.
Example 4: Gang Rape
A group of five men commit gang rape, leaving the victim permanently injured. Since it falls under Section 64(2)(g), all offenders receive life imprisonment or death penalty.
Common Questions and Answers on Section 64 BNS
1. What is the minimum punishment for rape under Section 64 BNS?
The minimum punishment is 10 years rigorous imprisonment, which may extend to life imprisonment, along with a fine.
2. When can the death penalty be imposed for rape?
The death penalty is applicable in cases where:
- The victim is under 16 years old.
- The rape results in grievous injury, permanent damage, or death.
- The offender causes the victim to remain in a vegetative state.
- The offense is part of a repeated crime or gang rape.
3. Does the punishment change if the victim is a minor?
Yes. If the victim is under 16 years old, the offender must face life imprisonment or the death penalty under Section 64(2)(b).
4. Can a rape convict be released early on parole?
Since the punishment for aggravated rape cases includes life imprisonment or death penalty, early release is not permitted in such cases. However, parole rules may vary for non-aggravated offenses.
5. Is compensation provided to rape survivors under this section?
Yes. Section 64(3) mandates a compulsory fine to cover medical and rehabilitation expenses for the victim.
Conclusion
Section 64 BNS establishes severe penalties for rape, with life imprisonment or the death penalty for aggravated cases. This provision aims to provide justice to survivors and act as a strong deterrent against sexual crimes.
For more legal insights, visit ApniLaw today! 🚀
