Section 64 BNS: Punishment for Rape

Section 64 of the Bharatiya Nyaya Sanhita, 2023 prescribes punishment for rape. It covers the general punishment in sub-section (1) and aggravated circumstances in sub-section (2), including cases involving police officers, public servants, members of the armed forces, custodial institutions, hospitals, persons in positions of trust or authority, and other specified circumstances.

Current law: The Bharatiya Nyaya Sanhita, 2023 came into force on July 1, 2024, except section 106(2). Section 64 is therefore in force. For the statutory definition of rape, see Section 63 BNS.

What does Section 64 BNS provide?

Section 64 is the principal punishment provision corresponding to the offence of rape defined in Section 63 BNS. Sub-section (1) provides the general sentencing range, while sub-section (2) applies to specified aggravated situations.

Provision	Nature	Punishment
Section 64(1)	Rape, except cases covered by Section 64(2)	Rigorous imprisonment of not less than 10 years, which may extend to imprisonment for life, and fine.
Section 64(2)	Specified aggravated circumstances	Rigorous imprisonment of not less than 10 years, which may extend to imprisonment for the remainder of the offender's natural life, and fine.

Text of Section 64, Bharatiya Nyaya Sanhita, 2023

64. Punishment for rape.

(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.

(2) Whoever,—

(a) being a police officer, commits rape,—

(i) within the limits of the police station to which such police officer is appointed; or

(ii) in the premises of any station house; or

(iii) on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or

(b) being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or

(c) being a member of the armed forces deployed in an area by the Central Government or a State Government commits rape in such area; or

(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or

(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or

(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or

(g) commits rape during communal or sectarian violence; or

(h) commits rape on a woman knowing her to be pregnant; or

(i) commits rape, on a woman incapable of giving consent; or

(j) being in a position of control or dominance over a woman, commits rape on such woman; or

(k) commits rape on a woman suffering from mental or physical disability; or

(l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or

(m) commits rape repeatedly on the same woman,

shall be punished with rigorous imprisonment for a term which shall not be less than ten 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.

Explanation.—For the purposes of this sub-section,—

(a) "armed forces" means the naval, army and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government;

(b) "hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;

(d) "women's or children's institution" means an institution, whether called an orphanage or a home for neglected women or children or a widow's home or an institution called by any other name, which is established and maintained for the reception and care of women or children.

Meaning of the aggravated circumstances in Section 64(2)

Section 64(2) identifies situations in which rape is treated more severely because of factors such as custody, institutional control, public authority, trust, dominance, pregnancy, incapacity to consent, disability, repeated offending, or serious bodily harm. These circumstances are stated expressly in clauses (a) to (m).

Important statutory definitions

The Explanation to Section 64(2) defines four expressions used in the aggravated-rape provision: "armed forces," "hospital," "police officer," and "women's or children's institution." These definitions are important when determining whether a case falls within the aggravated punishment under sub-section (2).

Related BNS provisions

Section 64 should be read with Section 63 BNS, which defines rape. Other closely related provisions include Section 65 on punishment for rape in certain cases, Section 66, and Section 70 on gang rape.

Official legal references

For the authoritative statutory text, refer to the India Code database and the Ministry of Home Affairs New Criminal Laws page. The commencement notification dated February 23, 2024 appointed July 1, 2024 as the commencement date for the BNS, except Section 106(2).

Note: This page reproduces and explains the statutory provision for general legal information. The applicable legal position in a particular matter may depend on the facts, date of occurrence, procedural law, and binding judicial decisions.