BNS Section 65 – Punishment for rape in certain cases

Amit Kapoor07 mins

Section in IPC -376 (3)

(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 persons 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.

Key Points on BNS-65: Punishments for Rape of a Minor

BNS-65 outlines the punishments for the crime of rape when the victim is a minor, with distinct provisions based on the age of the victim. The severity of the punishment increases as the age of the victim decreases.

1. Rape of a Minor

  • BNS-65 specifically addresses the crime of rape committed against females who are minors. The provisions vary depending on the age of the victim.

2. Punishment for Rape of a Woman Under Sixteen Years of Age

  • Imprisonment:
    • The perpetrator will face rigorous imprisonment for a term of no less than twenty years.
    • The imprisonment term may extend to life imprisonment, which means incarceration for the remainder of the perpetrator’s natural life.
  • Fine:
    • A fine will also be imposed on the perpetrator, intended to cover the victim’s medical expenses and rehabilitation.
    • The fine must be just and reasonable, and it must be paid directly to the victim.

3. Punishment for Rape of a Woman Under Twelve Years of Age

  • Imprisonment:
    • The perpetrator will face rigorous imprisonment for a term of no less than twenty years, which may extend to life imprisonment.
  • Death Penalty:
    • In addition to or instead of imprisonment, the perpetrator may face the death penalty for raping a girl under twelve years of age.
  • Fine:
    • As with the punishment for rape of a girl under sixteen, a fine will also be imposed to cover the victim’s medical expenses and rehabilitation.
    • The fine must be just and reasonable, and it must be paid to the victim.

4. Definitions and Important Terms

  • Rigorous Imprisonment: A form of imprisonment that is harsher than simple imprisonment, involving hard labor and more stringent conditions.
  • Life Imprisonment: Incarceration for the entire natural life of the convicted individual, except in cases where release is granted through parole or clemency.
  • Fine: A monetary penalty imposed on the perpetrator. In this case, the fine is meant to cover the victim’s medical treatment and rehabilitation.
  • Death Penalty: The execution of the perpetrator convicted of this serious crime. It is an alternative to imprisonment for the rape of a girl under twelve years of age, reflecting the grave nature of the offence.

5. Victim Compensation

  • The fine imposed on the perpetrator is mandated to support the medical and rehabilitative needs of the victim, ensuring that the financial compensation directly benefits the victim.

Summary

BNS-65 establishes severe penalties for rape committed against minors, with the punishment increasing with the age of the victim. For victims under sixteen, the minimum punishment is twenty years of rigorous imprisonment, extendable to life imprisonment, with a fine to cover the victim’s medical expenses. For victims under twelve, the punishment is even more severe, with the perpetrator facing a minimum of twenty years’ imprisonment or the death penalty, alongside a fine. All fines are intended to be used for the victim’s medical and rehabilitative needs.

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