Code: Section 70 BNS
(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:
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 70 BNS
Key Provisions:
- Definition of Gang Rape
- If one or more persons rape a woman as part of a group or common intention, each of them is equally liable.
- Even if only one person commits the act, all others involved are equally responsible.
- Punishment for Gang Rape
- Minimum sentence: 20 years of rigorous imprisonment.
- Maximum sentence: Life imprisonment (remainder of natural life).
- Fine:
- The fine must be just and reasonable to cover the medical expenses and rehabilitation of the victim.
- The fine is paid directly to the victim.
Illustrations
Example 1: Planned Assault by a Group
A group of four men abduct a woman and take turns raping her. All four men will be charged under Section 70 BNS, regardless of who committed the act.
Example 2: Encouragement and Common Intention
A man holds the victim down while another commits rape. Even though he did not physically assault her, he is equally guilty under this section.
Example 3: Gang Rape During Riots or Conflicts
During a communal riot, a group of individuals commit rape as an act of violence. All those involved can be convicted under Section 70 BNS.
Common Questions & Answers
1. How is Gang Rape different from Rape under Section 63 BNS?
- Section 63 BNS deals with individual rape cases.
- Section 70 BNS applies when multiple persons are involved, either by committing the act or by assisting in any way.
2. Is the punishment for gang rape more severe than individual rape?
Yes. Gang rape carries a minimum sentence of 20 years, which is stricter than the punishment for individual rape under Section 64 BNS.
3. Can a person be convicted if they did not physically assault the victim?
Yes. Even if a person helped, restrained the victim, or encouraged others, they are equally guilty under this section.
4. Can a minor be charged under this section?
Yes, but juvenile laws may apply. However, if the minor is above a certain age and tried as an adult, they can face the same punishment.
5. Does the law provide additional compensation for the victim?
Yes, the court mandates that a reasonable fine must be imposed to cover medical expenses and rehabilitation.
Conclusion
Section 70 BNS provides stringent punishment for gang rape, ensuring that all offenders involved are held accountable. It reinforces strict legal consequences for those who commit or assist in group sexual violence.
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