Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 70: Gang rape.
(1) 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, meaning imprisonment for the remainder of that person’s natural life, along with a fine.
First Provision: Such fine shall be just and reasonable to cover the medical expenses and rehabilitation of the victim.
Second Provision: Any fine imposed under this sub-section shall be paid to the victim.
Brief Detail
BNS Section 70 addresses the crime of gang rape, wherein a group or persons acting with a common intention are considered guilty of rape. The minimum punishment for those involved is rigorous imprisonment for 20 years, which can extend to life imprisonment. Additionally, fines are imposed, and these fines must be directed towards the victim's medical expenses and rehabilitation.
Question & Answers
Q1: What is the minimum punishment for gang rape under BNS Section 70?
A1: The minimum punishment for gang rape under BNS Section 70 is rigorous imprisonment for a term not less than twenty years.
Q2: Can the punishment for gang rape extend beyond twenty years?
A2: Yes, the punishment for gang rape can extend to life imprisonment, which means imprisonment for the remainder of the offender's natural life.
Q3: What does the first provision under BNS Section 70 state about fines?
A3: The first provision under BNS Section 70 states that the fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim.
Q4: To whom should the fine imposed under BNS Section 70 be paid?
A4: The fine imposed under BNS Section 70 should be paid to the victim.
Example
In a case where multiple individuals were involved in the gang rape of a woman, all the accused were charged under BNS Section 70. Each offender received a sentence of rigorous imprisonment for a minimum of 20 years. Additionally, a fine was imposed to cover the victim's medical expenses and rehabilitation, and the amount was directly paid to the victim as per the provisions of this section.
Summary
BNS Section 70 outlines strict penalties for the crime of gang rape, including a minimum of 20 years of rigorous imprisonment, which can extend to life imprisonment. Fines imposed under this section are used for the victim's medical and rehabilitation needs and must be paid directly to the victim.
