Section 64 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 64 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Punishment for Rape
Section 64 of the BNS, 2023, outlines the legal consequences for individuals convicted of rape, with provisions for both standard and aggravated circumstances.
Standard Punishment (Section 64(1))
Under Section 64(1), any person who commits rape is subject to:
Rigorous imprisonment: Not less than 10 years, extendable up to life imprisonment.
Fine: Additionally, the offender shall be liable to pay a fine.
This provision applies to all cases of rape not specified under Section 64(2).
Aggravated Punishment (Section 64(2))
Section 64(2) specifies circumstances where the punishment for rape is more severe. These include:
Police Officers: Rape committed within the limits of their police station, in station premises, or on a woman in their custody.
Public Servants: Rape on a woman in their custody or the custody of a subordinate.
Armed Forces: Rape committed by a member deployed in an area by the Central or State Government.
Custodial Institutions: Rape by staff of jails, remand homes, or women's/children's institutions.
Hospitals: Rape by hospital staff on a woman within the hospital.
Persons in Authority: Rape by a relative, guardian, teacher, or any person in a position of trust or authority.
During Communal or Sectarian Violence: Rape committed during such disturbances.
Pregnancy: Rape on a woman known to be pregnant.
Incapacity to Consent: Rape on a woman incapable of giving consent.
Control or Dominance: Rape by a person in a position of control or dominance.
Disability: Rape on a woman suffering from mental or physical disability.
Grievous Bodily Harm: Rape causing grievous bodily harm, maiming, disfigurement, or endangerment of life.
Repeat Offenders: Repeated rape on the same woman.
In these aggravated cases, the punishment is:
Rigorous imprisonment: Not less than 10 years, extendable up to life imprisonment (meaning imprisonment for the remainder of the offender's natural life).
Fine: The offender shall also be liable to pay a fine.(
Definitions
Armed Forces: Includes the Navy, Army, Air Force, paramilitary, and auxiliary forces under the control of the Central or State Government.
Hospital: Encompasses the hospital precincts and institutions for reception and treatment of persons during convalescence or requiring medical attention or rehabilitation.
Police Officer: As defined under the Police Act, 1861.
Women's or Children's Institution: Institutions like orphanages, homes for neglected women or children, widow's homes, or any institution established and maintained for the reception and care of women or children.(
This section aims to ensure stringent punishment for rape, especially in cases involving authority figures or where the victim is in a vulnerable position.
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