What Is BNS Section 64?

Bharatiya Nyaya Sanhita, 2023 - Section 64: Punishment for Rape.

1. Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.

2. Whoever,—

• (a) being a police officer, commits rape,—
  • (i) within the limits of the police station to which such police officer is appointed; or
  • (ii) in the premises of any station house; or
  • (iii) on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or
• (b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or
• (c) being a member of the armed forces deployed in an area by the Central Government or a State Government commits rape in such area; or
• (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or
• (e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
• (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
• (g) commits rape during communal or sectarian violence; or
• (h) commits rape on a woman knowing her to be pregnant; or
• (i) commits rape on a woman incapable of giving consent; or
• (j) being in a position of control or dominance over a woman, commits rape on such woman; or
• (k) commits rape on a woman suffering from mental or physical disability; or
• (l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
• (m) commits rape repeatedly on the same woman,

shall be punished with rigorous imprisonment for a term which shall not be less than ten 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.

Explanation.—For the purposes of this sub-section,—

• (a) “armed forces” means the naval, army and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government;
• (b) “hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;
• (c) “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861;
• (d) “women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children.

Brief Detail

Section 64 of the BNS outlines the punishment for the crime of rape. It stipulates rigorous imprisonment for a minimum of ten years, extending up to life imprisonment, along with a fine. Special considerations are provided for various categories of offenders, including police officers, public servants, armed forces members, and individuals in positions of authority or trust. The section also addresses aggravated circumstances, such as rape during communal violence or against women with disabilities.

Question & Answers

Q1: What is the minimum punishment for rape under Section 64?

A1: The minimum punishment for rape under Section 64 is rigorous imprisonment for ten years.

Q2: What are some categories of offenders who face more severe penalties under this section?

A2: Categories include police officers committing rape within their jurisdiction, public servants, armed forces members, and those in positions of authority or trust over the victim.

Q3: What additional penalties may be imposed besides imprisonment?

A3: Besides imprisonment, the offender may also be liable to a fine.

Q4: What circumstances might lead to life imprisonment as per Section 64?

A4: Life imprisonment may be imposed in cases involving repeated rape, causing grievous bodily harm, or rape during communal violence.

Q5: How is 'armed forces' defined in this context?

A5: 'Armed forces' include the naval, army, and air forces, along with paramilitary and auxiliary forces under the control of the Central or State Government.

Example

Example 1: A police officer commits rape within the precincts of their police station. Under Section 64, they would face a minimum of ten years' rigorous imprisonment and a fine.

Example 2: A public servant rapes a woman in their custody. This act falls under the aggravated category, leading to a possible life imprisonment and a fine.

Example 3: An armed forces member commits rape while deployed in a specific area. This would also result in a minimum of ten years’ imprisonment, potentially extending to life imprisonment.

Summary

Section 64 of the BNS prescribes rigorous imprisonment for rape, with penalties ranging from ten years to life imprisonment, depending on the severity and circumstances of the offense. It includes special provisions for offenders who hold positions of authority or commit rape in specific contexts, such as during communal violence or against vulnerable individuals. The section emphasizes the gravity of rape and provides for stringent punishment to deter such crimes.