Section 66 BNS: Punishment for Causing Death or Resulting in Persistent Vegetative State of Victim
Section 66 of the Bharatiya Nyaya Sanhita, 2023 provides enhanced punishment where, while committing an offence punishable under Section 64(1) or Section 64(2), the offender inflicts an injury that causes the death of the woman or causes her to enter a persistent vegetative state.
What does Section 66 BNS provide?
Section 66 applies only where the underlying offence is punishable under Section 64(1) or Section 64(2), and an injury inflicted in the course of that offence causes either death or a persistent vegetative state.
| Element | Requirement under Section 66 |
|---|---|
| Underlying offence | An offence punishable under Section 64(1) or Section 64(2) BNS. |
| Additional consequence | An injury inflicted during the commission causes the death of the woman or causes a persistent vegetative state. |
| Minimum punishment | Rigorous imprisonment for not less than 20 years. |
| Maximum punishment | Imprisonment for the remainder of the offender's natural life, or death. |
Text of Section 66, Bharatiya Nyaya Sanhita, 2023
66. Punishment for causing death or resulting in persistent vegetative state of victim.
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.
Ingredients of Section 66 BNS
For Section 66 to apply, the prosecution must establish the underlying offence punishable under Section 64(1) or 64(2), an injury inflicted in the course of that offence, and the specified consequence of death or a persistent vegetative state.
Punishment under Section 66 BNS
The minimum sentence is twenty years of rigorous imprisonment. The sentence may extend to imprisonment for the remainder of the offender's natural life. The section also permits the death penalty.
Meaning of persistent vegetative state
Section 66 uses the expression "persistent vegetative state" as one of the consequences that attracts the enhanced punishment. The section itself does not separately define that expression. Its application in an individual case therefore depends on the evidence and the applicable legal and medical assessment.
Relationship with Section 64 BNS
Section 64 BNS prescribes punishment for rape and specified aggravated circumstances. Section 66 applies where an offence punishable under either Section 64(1) or 64(2) also results in the consequences expressly stated in Section 66.
Related BNS provisions
The provision should also be read in context with Section 63, which defines rape; Section 65, which deals with punishment in certain age-specific cases; and Section 70, which deals with gang rape. Section 71 further provides punishment for repeat offenders previously convicted under, among others, Sections 64, 65, 66 or 70.
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 case may depend on the date of occurrence, facts, medical evidence, procedural law and binding judicial decisions.