Section 66 of the Bharatiya Nyaya Sanhita, 2023: Severe Punishment for Rape Leading to Death or Permanent Coma

The Bharatiya Nyaya Sanhita (BNS), which will take effect in 2023, is a comprehensive reform of India’s criminal laws. It will replace the Indian Penal Code, which was enacted during the colonial era. There are a number of clauses in Section 66 that handle instances in which a rape offence results in the victim’s death or leads her to enter a persistent vegetative condition. Section 66 prescribes severe punishments for such terrible consequences.

Having an understanding of Section 66

Section 66 stipulates that if a person commits an offense that is punishable under sub-section (1) or sub-section (2) of Section 64, which pertains to rape, and during the commission of that offense inflicts an injury that causes the woman’s death or leads her to a persistent vegetative state, the perpetrator shall face rigorous imprisonment for a period of time that is not less than twenty years. This detention may be extended to life imprisonment, which means that the individual will stay incarcerated for the length of their natural life, or even the option of the death penalty.

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Exemplifications of Possible Outcomes

When attempting to appreciate the application of Section 66, the following examples should be considered:

A lady is raped by a person, and as she is being assaulted, the perpetrator causes her to sustain serious injuries that ultimately result in her passing away. Because of this, the person who committed the crime would be held accountable under Section 66 and might be sentenced to either life in prison or the death penalty.

A person commits rape, and the victim gets catastrophic injuries that result in a prolonged vegetative state. This is the second scenario. Additionally, the criminal would be subject to the harsh consequences that are described in Section 66 in this scenario.

Implications for the Law

The gravity with which the law views sexual offenses that terminate in the most severe repercussions for the victim is emphasized by Section 66 of the Criminal Code. A provision that prescribes a minimum of twenty years of hard imprisonment, with the potential of life imprisonment or death, is intended to serve as a powerful deterrence against the commission of such horrific crimes.

By include Section 66 in the Bharatiya Nyaya Sanhita, 2023, it is clear that the government is dedicated to addressing the most heinous consequences of sexual violence with the utmost seriousness. The legislation attempts to administer justice and to reinforce the sanctity of human life and dignity by imposing severe punishments on criminals whose activities result in the death of a victim or the inability of the victim to recover from an irreversible coma situation.

About the Author

Himanshu Poshwal

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<span class="relative -mx-px my-[-0.2rem] rounded px-px py-[0.2rem] transition-colors duration-100 ease-in-out">Himanshu Poshwal is an emerging legal writer and law student with a strong interest in constitutional law and its societal implications.</span> <span class="relative -mx-px my-[-0.2rem] rounded px-px py-[0.2rem] transition-colors duration-100 ease-in-out">He frequently contributes opinion pieces and analyses on contemporary legal issues, aiming to bridge the gap between legal theory and public understanding.</span> <span class="relative -mx-px my-[-0.2rem] rounded px-px py-[0.2rem] transition-colors duration-100 ease-in-out">His work often delves into the ethical dimensions of law practice, including topics like virtual hearings and the evolving role of lawyers in the digital age.</span>

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