Section 65 BNS: Punishment for Rape in Certain Cases
Section 65 of the Bharatiya Nyaya Sanhita, 2023 provides enhanced punishment where rape is committed on a woman under sixteen years of age or under twelve years of age. The provision prescribes a minimum term of twenty years rigorous imprisonment and, in the case of a victim under twelve years, permits punishment with death.
What does Section 65 BNS provide?
Section 65 creates two age-specific punishment categories. Sub-section (1) applies where rape is committed on a woman under sixteen years of age. Sub-section (2) applies where rape is committed on a woman under twelve years of age.
| Provision | Victim's age | Punishment |
|---|---|---|
| Section 65(1) | Under 16 years | Rigorous imprisonment for not less than 20 years, which may extend to imprisonment for the remainder of the offender's natural life, and fine. |
| Section 65(2) | Under 12 years | Rigorous imprisonment for not less than 20 years, which may extend to imprisonment for the remainder of the offender's natural life, and fine, or death. |
Text of Section 65, Bharatiya Nyaya Sanhita, 2023
65. Punishment for rape in certain cases.
(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 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.
Meaning and legal effect of Section 65(1)
Section 65(1) applies when rape is committed on a woman under sixteen years of age. The minimum punishment is twenty years of rigorous imprisonment. The sentence may extend to imprisonment for the remainder of the offender's natural life. A fine is also mandatory under the wording of the provision.
Meaning and legal effect of Section 65(2)
Section 65(2) applies when rape is committed on a woman under twelve years of age. It provides the same minimum term of twenty years rigorous imprisonment and permits imprisonment for the remainder of the offender's natural life. It additionally provides for the death penalty as a sentencing option.
Fine, medical expenses and rehabilitation
Both sub-sections contain two provisos dealing with fine. The fine must be just and reasonable to meet the medical expenses and rehabilitation of the victim, and any fine imposed under Section 65 must be paid to the victim.
Relationship with Sections 63 and 64 BNS
Section 63 BNS defines rape. Section 64 BNS provides the general punishment for rape and punishment in specified aggravated circumstances. Section 65 separately imposes enhanced sentencing where the victim falls within the age categories specified in sub-sections (1) and (2).
Related procedural provision under BNSS
Section 482(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 excludes cases involving an accusation under Section 65 BNS from the anticipatory bail provision contained in Section 482. Section 483 also contains special requirements concerning notice to the Public Prosecutor and the presence of the informant or a person authorised by the informant at the hearing of certain bail applications involving Section 65.
Official legal references
For the authoritative statutory text, refer to the India Code database. The Ministry of Home Affairs New Criminal Laws page provides official material relating to the new criminal laws and their commencement.
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 date of occurrence, facts, procedural provisions and binding judicial decisions.