Section 64 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 64 of the Bharatiya Nyaya Sanhita (BNS), 2023, outlines the legal framework for the punishment of rape in India, replacing the provisions under Section 376 of the Indian Penal Code (IPC), 1860.
📜 Text of Section 64
Subsection (1): General Punishment for Rape
"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."(
Subsection (2): Aggravated Forms of Rape
This subsection specifies circumstances under which rape is considered aggravated, warranting enhanced penalties. These include:
Police Officers: Committing rape within the police station limits, in station house premises, or on a woman in their custody or the custody of a subordinate officer.
Public Servants: Committing rape on a woman in their custody or the custody of a subordinate public servant.
Armed Forces Members: Committing rape in areas where they are deployed by the Central or State Government.
Institutional Staff: Committing rape on inmates of jails, remand homes, hospitals, or women's and children's institutions.
Individuals in Positions of Trust: Committing rape by relatives, guardians, teachers, or persons in positions of trust or authority towards the woman.
During Communal or Sectarian Violence: Committing rape amidst such violence.
Knowledge of Pregnancy: Committing rape on a woman knowing her to be pregnant.
Incapacity to Consent: Committing rape on a woman incapable of giving consent.
Control or Dominance: Committing rape by someone in a position of control or dominance over the woman
Disability: Committing rape on a woman suffering from mental or physical disability.
Grievous Bodily Harm: Committing rape while causing grievous bodily harm, maiming, disfiguring, or endangering the woman's life.(
Repeated Rape: Committing rape repeatedly on the same woman.(
In these aggravated circumstances, the punishment remains rigorous imprisonment for a term not less than ten years, which may extend to imprisonment for life, and the individual shall also be liable to a fine
⚖️ Legal Implications
Section 64 of the BNS, 2023, introduces a structured and comprehensive approach to addressing rape, emphasizing the severity of the offense and the importance of consent. By categorizing various circumstances as aggravated forms of rape, the law ensures that perpetrators who exploit positions of power or cause additional harm face stricter penalties. This legislative framework aims to enhance the protection of women and uphold justice in cases of sexual violence
🔗 Related Provisions
Section 63: Defines the offense of rape.
Section 65: Addresses punishment for rape in certain cases.(
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