Introduction
Punishment for rape plays a critical role in reflecting society’s response to sexual violence. It not only aims to deter offenders but also affirms the dignity and rights of survivors. Section 376 of the Indian Penal Code, 1860, governed punishment for rape for decades and underwent significant amendments in 2013 and 2018 to introduce stricter penalties. With the enforcement of the Bharatiya Nyaya Sanhita, 2023, Section 64 replaces Section 376 IPC. While the structure of punishment largely remains intact, the new provision reorganises and simplifies the law to improve clarity and consistency in sentencing.
What punishment did Section 376 IPC prescribe for rape?
Section 376 IPC provided different punishment brackets depending on the nature and gravity of the offence. In ordinary cases of rape, the law prescribed rigorous imprisonment of not less than ten years, which could extend to life imprisonment, along with fine. The court could reduce the sentence only for adequate and special reasons recorded in the judgment.
In aggravated forms of rape, such as rape by a police officer, public servant, armed forces personnel, or rape during communal violence, the punishment extended to rigorous imprisonment for not less than ten years or imprisonment for life, meaning imprisonment for the remainder of the offender’s natural life. The provision also introduced enhanced punishment where the offence resulted in death or a persistent vegetative state of the victim.
Judicial interpretation ensured proportionality in sentencing. Courts balanced deterrence with fairness while keeping survivor welfare at the centre of punishment.
How does Section 64 BNS restructure punishment for rape?
Section 64 of the Bharatiya Nyaya Sanhita substantially retains the punishment framework laid down under Section 376 IPC. The minimum sentence for rape continues to be rigorous imprisonment of ten years, extendable to life imprisonment, along with fine. The BNS uses clearer drafting and simplified language, making the provision easier to understand without altering its substance.
The provision continues to recognise aggravated circumstances that justify harsher punishment. Courts retain discretion to impose life imprisonment for the remainder of the offender’s life in suitable cases. By preserving this structure, the BNS ensures continuity with established rape jurisprudence.
Has the minimum sentence changed under BNS?
The BNS does not dilute the minimum punishment for rape. The mandatory minimum sentence remains ten years of rigorous imprisonment. Courts may impose higher punishment depending on the facts and severity of the case. The removal of ambiguous phrasing ensures that sentencing decisions rest on clear statutory guidance rather than interpretative uncertainty.
This continuity signals the legislature’s firm stance against sexual offences while ensuring legal certainty in punishment.
What about punishment in aggravated rape cases?
Aggravated rape continues to attract stricter punishment under the BNS framework. Although Section 64 focuses on punishment generally, it operates alongside specific aggravated provisions under the BNS that mirror the IPC’s enhanced penalty structure. Rape involving abuse of authority, custodial rape, or rape resulting in severe physical or mental harm continues to invite harsher sentencing.
Courts remain guided by constitutional principles and judicial precedents when deciding punishment. Sentencing aims to reflect both the seriousness of the offence and the long-term impact on survivors.
Does Section 64 BNS strengthen victim-centric justice?
While Section 64 deals with punishment, it functions within a broader legal framework that increasingly prioritises survivors’ rights. The Bharatiya Nyaya Sanhita operates alongside procedural reforms that promote faster trials, victim compensation, and sensitive handling of sexual offence cases.
The clarity introduced by Section 64 helps reduce sentencing inconsistencies. It also reinforces public confidence in the criminal justice system by ensuring that punishment reflects the gravity of the offence.
How does judicial discretion operate under the new law?
Judicial discretion remains central under both Section 376 IPC and Section 64 BNS. Courts continue to consider aggravating and mitigating circumstances, the conduct of the accused, and the impact on the survivor. However, discretion now operates within a cleaner statutory framework that minimises interpretative confusion.
Judgments such as Mukesh v. State (Nirbhaya case) continue to guide courts on proportional punishment and the rare application of extreme penalties. The BNS does not disturb this jurisprudence but incorporates it into a modern legislative structure.
Conclusion
Section 64 BNS replaces Section 376 IPC without weakening punishment for rape. The minimum sentence, aggravated punishment structure, and emphasis on deterrence remain unchanged. What the Bharatiya Nyaya Sanhita achieves is greater clarity, consistency, and accessibility in the law. By retaining strict punishment while modernising statutory language, the BNS reinforces India’s commitment to survivor dignity, justice, and constitutional values.
