Section 65 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 65 of the Bharatiya Nyaya Sanhita (BNS), 2023, prescribes stringent punishments for the crime of rape, particularly in cases involving minors. This section is part of Chapter 5, which addresses offences against women and children.
📜 Section 65: Punishment for Rape in Certain Cases
Sub-section (1):
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.
Sub-section (2):
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.
⚖️ Comparison with IPC Section 376
Section 65 of the BNS, 2023, aligns closely with Section 376 of the Indian Penal Code (IPC), 1860, which deals with the punishment for rape. Both sections prescribe life imprisonment for the crime of rape, with variations in the minimum term of imprisonment and the inclusion of the death penalty in certain cases. The BNS introduces specific provisions regarding fines to cover the medical expenses and rehabilitation of the victim, ensuring that the fine is paid directly to the victim.
🧾 Key Provisions
Minimum Imprisonment: A minimum term of twenty years of rigorous imprisonment.
Life Imprisonment: Imprisonment for the remainder of the offender's natural life.
Death Penalty: Applicable in cases involving victims under twelve years of age, depending on the circumstances.
Fine: A fine that is just and reasonable to meet the medical expenses and rehabilitation of the victim, paid directly to the victim
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