Section 65 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 65 of the Bharatiya Nyaya Sanhita (BNS), 2023 specifies stringent punishments for the crime of rape, particularly when the victim is a minor. This section is part of the BNS, 2023, which serves as a comprehensive criminal code in India.
📜 Legal Provision
Section 65 states:
"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.
"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."
🔍 Key Features
Minimum Imprisonment: A minimum term of 20 years of rigorous imprisonment is mandated
Life Imprisonment: The term may extend to life imprisonment, meaning the remainder of the offender's natural life.
Death Penalty: For cases involving victims under 12 years of age, the offender may be sentenced to death.
Fine: A fine is imposed, intended to cover the victim's medical expenses and rehabilitation.
Payment to Victim: Any fine imposed must be paid directly to the victim
⚖️ Comparison with Indian Penal Code (IPC)
Section 65 of the BNS, 2023 corresponds to Section 376A of the Indian Penal Code (IPC), 1860, which deals with punishment for causing death or resulting in a persistent vegetative state of the victim. However, the BNS, 2023 provides more specific provisions regarding the age of the victim and the corresponding punishments.(
🛡️ Objectives of Section 65
Deterrence: The stringent punishments aim to deter individuals from committing such heinous crimes.
Justice for Victims: Ensures that the victim receives compensation for medical and rehabilitation expenses.
Legal Clarity: Provides clear legal provisions regarding the punishment for rape, especially concerning the age of the victim
Section 65 of the BNS, 2023 underscores the seriousness with which the Indian legal system treats crimes of sexual violence, particularly against minors. By establishing stringent punishments and ensuring that fines are directed towards the victim's rehabilitation, it aims to provide justice and support to survivors.
RELATED Blog
0 comments