BNS Section 70 – Gang rape

Amit Kapoor07 mins

Section in IPC – 376 D

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 life which shall mean imprisonment for the remainder of that person’s natural life, and with 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) Where a woman under eighteen years of age 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 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.

Key Points on BNS Section 70: Gang Rape

BNS Section 70 addresses the crime of gang rape, where multiple individuals participate in the commission of the crime. Here’s a breakdown of the essential points and penalties under this provision:

1. Definition of Gang Rape

  • Gang rape refers to the act of sexual intercourse by multiple individuals with the victim, typically involving more than one perpetrator acting together to force the victim into the act.
  • Participating in Gang Rape: Each individual involved in the gang rape is treated as equally responsible, and the crime is considered aggravated due to the involvement of multiple perpetrators.

2. Nature of the Offense

  • Coercion and Force: The crime involves sexual intercourse with the victim without her consent, usually accompanied by force or threats.
  • Multiple Perpetrators: The act of gang rape specifically requires the involvement of more than one perpetrator, with each individual participating in the assault.

3. Punishment for Gang Rape

  • Imprisonment:
    • The perpetrators of gang rape can face rigorous imprisonment for not less than twenty years, with the possibility of a life sentence depending on the severity of the case.
  • Death Penalty:
    • In certain extreme cases, where the crime results in severe injury or death, the death penalty may be imposed as an alternative to life imprisonment.
  • Fine:
    • The perpetrators may also be liable for a fine, the amount of which will be determined based on the specific circumstances of the case, such as the victim’s medical and rehabilitation expenses.

4. Definitions and Important Terms

  • Gang Rape: Sexual intercourse carried out by multiple perpetrators with the victim, typically under coercion and without consent.
  • 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 under certain conditions.
  • Death Penalty: The execution of the convicted individual, which may be applicable in particularly severe cases of gang rape.

5. Aggravating Factors

  • Severity of the Injury: If the victim suffers severe physical or emotional harm as a result of the gang rape, the severity of the punishment increases.
  • Death or Permanent Injury: If the victim dies or is permanently incapacitated as a result of the assault, the crime may be classified as aggravated gang rape, attracting life imprisonment or the death penalty.

Summary

BNS Section 70 criminalizes gang rape, which involves the participation of multiple perpetrators in the sexual assault of a victim. The punishment for gang rape can range from rigorous imprisonment for at least twenty years, with the possibility of life imprisonment or the death penalty in extreme cases. A fine may also be imposed, and the penalties are influenced by the severity of the harm caused to the victim. This provision aims to address the increased harm and violence caused by multiple individuals acting together in such crimes.

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