BNS Section 66: Legal Consequences of Rape Resulting in Death or Vegetative State

Section in IPC – 376 A

Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 64 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, 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, or with death.

Key Points on BNS-66: Penalties for Severe Consequences in Offenses Under Section 64

BNS-66 addresses the penalties for crimes committed under section 64, specifically when the commission of such an offense results in severe consequences for the victim. Here’s a detailed breakdown:

1. Applicability of BNS-66

• Scope: This provision applies to offenses punishable under sub-section (1) or sub-section (2) of section 64. These sections typically deal with severe crimes, such as rape or other serious offenses, that carry significant penalties.

2. Consequences of the Offense

• Infliction of Injury Leading to Death or Persistent Vegetative State:
  • If, during the commission of the offense, the perpetrator inflicts an injury that:
    • Causes the death of the victim, or
    • Results in the victim being in a persistent vegetative state, which refers to a state of severe brain damage where the individual remains unresponsive and incapable of interacting with their environment.

3. Punishment for Severe Consequences

• Rigorous Imprisonment:
  • The perpetrator will be punished with rigorous imprisonment for a term not less than twenty years.
  • This term can be extended to life imprisonment, meaning incarceration for the remainder of the perpetrator’s natural life.
• Death Penalty:
  • As an alternative to imprisonment, the perpetrator may face the death penalty. This reflects the grave nature of causing death or severe, irreversible harm to the victim.

4. Definitions and Important Terms

• Rigorous Imprisonment: A form of imprisonment that involves hard labor and stricter conditions compared to simple imprisonment.
• Life Imprisonment: Incarceration for the remainder of the perpetrator’s natural life, with the possibility of parole or clemency, but typically with no fixed end date.
• Death Penalty: The legal imposition of capital punishment, which results in the execution of the convicted individual.
• Persistent Vegetative State: A medical condition where the person is awake but not aware, showing no meaningful response to their environment and unable to interact in a conscious manner.

Summary

BNS-66 specifies severe penalties for individuals who, while committing serious offenses under sections 64(1) and 64(2), cause injuries that result in either the death of the victim or the victim being in a persistent vegetative state. The punishment includes a minimum of twenty years’ rigorous imprisonment, which can extend to life imprisonment or even the death penalty, depending on the severity of the consequence.