Section 64 of the Bharatiya Nyaya Sanhita, 2023: Understanding Punishment for Rape

Since 2023, the Bharatiya Nyaya Sanhita (BNS) has been serving as India’s current criminal law, taking the place of the Indian Penal law, which was enacted during the colonial era. According to Section 64 of the BNS, the punishment for the crime of rape is expressly addressed. This section outlines strong sanctions with the intention of discouraging such horrible crimes and ensuring that victims receive justice.

“General Punishment for the Crime of Rape”

In accordance with the provisions of Section 64(1) of the BNS, any person who commits the crime of rape is liable to rigorous imprisonment for a term of not less than ten years, which may extend to life imprisonment. The exception to this rule is included in the severe conditions described in sub-section (2). The perpetrator is also responsible for paying a fee for their actions. The number 20

Enhanced Punishment in the Event of Extreme Circumstances

One of the provisions of Section 64(2) outlines particular circumstances in which the punishment for rape is more severe, which is a reflection of the seriousness of the offense in these circumstances. In these kinds of situations, the punishment comes in the form of a fine in addition to a sentence of rigorous imprisonment for a period of time that is not less than ten years, which may extend to incarceration for the rest of the individual’s natural life. The number 20

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Conditions that are particularly difficult include:

Police Officers: If a police officer commits rape within the boundaries of their assigned police station, on the property of any station house, or on a woman who is in their custody or in the custody of a subordinate police officer, the officer is subject to a criminal offense.

When a public worker commits rape on a woman who is either in their care or in the custody of a subordinate public servant, this offence is referred to as “public servants.”

In the event that a member of the armed forces that has been stationed in a particular region by either the Central or State Government commits a rape in that region.

Custodial Institutions” refers to situations in which an individual who is employed by the administration or staff of a jail, remand home, or any other place of custody established by law, or of a women’s or children’s institution, commits rape on an inmate.

Hospital Staff: In the event that a member of the administration or staff of a hospital commits rape against a female patient who is a patient at that hospital.

In the event where a family, guardian, teacher, or other someone who holds a position of trust or authority towards the woman commits rape, this is referred to as “Persons in Positions of Trust or Authority.”

When a rape occurs during a period of communal or sectarian strife, the crime is considered to be committed at that time.

Pregnant Women” refers to situations in which the perpetrator of the rape is aware that the victim is pregnant.

The term “women incapable of giving consent” refers to situations in which the victim is unable to give consent owing to circumstances such as intoxication or mental instability.

Position of Control or Dominance: This refers to the situation in which the perpetrator is in a position of control or dominance over the victim, who is a woman.

Women with Mental or Physical disability**: In the event that the victim is afflicted with mental or physical disability.

“Infliction of Grievous Harm” refers to the situation in which the perpetrator of rape causes the victim to suffer severe physical pain, disfigures, maims, or puts her life in jeopardy while conducting the act of rape.

If the perpetrator performs multiple acts of rape against the same lady, this is referred to as a “repeated offense.”

An Example to Illustrate the Point

An example of this would be a situation in which a member of the hospital staff, upon discovering that a patient is pregnant, takes advantage of the fact that she is weak and commits rape within the hospital premises. Several aggravating factors are present in this conduct, including the fact that the perpetrator is a member of the hospital staff, the fact that the crime takes place within the hospital, and the fact that the victim is known to be pregnant. In accordance with the provisions of Section 64(2) of the BNS, the offender would be subject to a fine in addition to a sentence of harsh imprisonment for a time that is not less than ten years, with the possibility of being sentenced to life imprisonment for the balance of their natural life.