Section 70 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 70 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offence of gang rape, outlining stringent punishments for perpetrators involved in such crimes.
📜 Text of Section 70
Section 70 – Gang Rape
Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and 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:
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.
Where a woman under eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with 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.
⚖️ Legal Context
This provision corresponds to Section 376D of the Indian Penal Code (IPC), 1860, which dealt with gang rape. The BNS, 2023, has expanded the scope of this offence by increasing the age threshold for the victim from under sixteen years to under eighteen years, thereby providing broader protection to minors.
🔍 Key Provisions
Definition of Gang Rape: The offence involves one or more individuals constituting a group or acting in furtherance of a common intention to rape a woman.
Punishment:
For victims aged 18 and above: Rigorous imprisonment for a term not less than twenty years, which may extend to life imprisonment, and a fine.
For victims under 18 years of age: Imprisonment for life or death penalty, and a fine.
Fine Allocation: Any fine imposed is to be just and reasonable to meet the medical expenses and rehabilitation of the victim and shall be paid directly to the victim.
🧾 Illustrative Example
If a group of individuals conspires to rape a woman, each member of the group is considered to have committed the offence of rape. They would be subject to the penalties outlined in Section 70, including imprisonment and a fine to cover the victim's medical and rehabilitation expenses.
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