Code: Section 65 BNS
(1) 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 of Section 65 BNS
Stricter Punishment for Rape of Minors
Section 65 of the Bharatiya Nyaya Sanhita (BNS), 2023, sets stricter penalties for rape committed against minors, ensuring that offenders receive severe punishment for crimes against children.
Key Provisions:
- If the victim is under 16 years of age → Minimum 20 years imprisonment, extendable to life imprisonment (natural life).
- If the victim is under 12 years of age → Minimum 20 years imprisonment, extendable to life imprisonment or death penalty.
- Mandatory Fine: The fine must be reasonable and directed toward the medical and rehabilitation needs of the survivor.
Illustrations
Example 1: Rape of a 15-Year-Old Girl
A 30-year-old man rapes a 15-year-old girl. Under Section 65(1), he is sentenced to life imprisonment (natural life) and a fine to compensate the victim.
Example 2: Rape of a 10-Year-Old Child
A 35-year-old man commits rape on a 10-year-old girl. Under Section 65(2), he is eligible for the death penalty or life imprisonment (natural life).
Example 3: Rehabilitation Fine Usage
In both cases, the Court imposes a fine, which is directed toward the victim’s medical treatment, therapy, and rehabilitation programs.
Common Questions and Answers on Section 65 BNS
1. What is the minimum punishment for rape of a minor under Section 65 BNS?
- If the victim is under 16 years old → 20 years to life imprisonment (natural life).
- If the victim is under 12 years old → 20 years to life imprisonment or the death penalty.
2. Is the death penalty applicable for rape of a minor?
Yes, for rape of a girl under 12 years old, the offender may face either life imprisonment (natural life) or the death penalty.
3. How is the fine amount decided?
The fine must be just and reasonable, ensuring that the survivor’s medical and rehabilitation expenses are covered. The full amount is paid directly to the victim.
4. Can an offender be released on parole under Section 65 BNS?
Since life imprisonment (natural life) or the death penalty is prescribed in aggravated cases, early release is generally not allowed.
5. What is the significance of mandatory fines in this section?
The mandatory fine ensures that the victim’s recovery and rehabilitation are financially supported. This provision aims to provide justice and support beyond just punishment.
Conclusion
Section 65 BNS provides strict punishments for rape committed against minors, with life imprisonment or the death penalty in the most severe cases. This law is designed to protect children and ensure justice for survivors.
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