What Is BNS Section 65?

Bharatiya Nyaya Sanhita, 2023 - Section 65: Punishment for rape in certain cases.

(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.

(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.

Brief Detail

BNS Section 65 outlines the punishment for rape in certain cases. It prescribes:

• For rape of a woman under sixteen years of age: rigorous imprisonment for a minimum of twenty years, which can extend to life imprisonment, and a fine. The fine should cover the victim's medical expenses and rehabilitation and must be paid to the victim.
• For rape of a woman under twelve years of age: rigorous imprisonment for at least twenty years, which can extend to life imprisonment or death, and a fine. The fine should be sufficient to cover the victim's medical expenses and rehabilitation and must be paid to the victim.

Question & Answers

• What is the punishment for rape of a woman under sixteen years of age according to BNS Section 65?

  The punishment is rigorous imprisonment for a term not less than twenty years, which may extend to life imprisonment, and a fine. The fine should cover the victim's medical expenses and rehabilitation and must be paid to the victim.

• What additional punishment can be imposed for rape of a woman under twelve years of age under BNS Section 65?

  In addition to rigorous imprisonment for a term not less than twenty years, which may extend to life imprisonment, the punishment can also include death. A fine must also be imposed, covering the victim’s medical expenses and rehabilitation, and paid to the victim.

• How should the fine imposed under BNS Section 65 be used?

  The fine should be just and reasonable to meet the medical expenses and rehabilitation of the victim and must be paid directly to the victim.

Example

• If an individual is convicted of raping a woman who is sixteen years old, the minimum punishment would be rigorous imprisonment for twenty years. The court may extend this term to life imprisonment and will also impose a fine, which should be used to cover the victim’s medical expenses and rehabilitation.
• For a conviction involving the rape of a woman who is twelve years old, the court may impose rigorous imprisonment for at least twenty years, which could extend to life imprisonment or even death. Additionally, a fine will be imposed to cover the victim's medical expenses and rehabilitation, which must be paid to the victim.

Summary

BNS Section 65 prescribes severe punishments for rape based on the age of the victim. For women under sixteen, the minimum punishment is twenty years of rigorous imprisonment, extendable to life imprisonment, along with a fine for medical expenses and rehabilitation, paid to the victim. For women under twelve, the punishment can include imprisonment for at least twenty years, extendable to life imprisonment or death, and a fine for medical expenses and rehabilitation, which must also be paid to the victim.