Section 64 of BNS 2023: Penalties for Rape and Aggravated Cases of Rape
Overview
Section 64 of BNS 2023 outlines the penalties for the crime of rape, specifying more severe punishments for certain aggravating circumstances. This section ensures that individuals who commit rape, especially those in positions of authority or trust, face stringent consequences.
Punishment
- General Cases of Rape:
- Rigorous Imprisonment: Not less than ten years, extendable to life imprisonment.
- Fine: Additional financial penalties may be imposed.
- Aggravated Cases of Rape:
- Rigorous Imprisonment: Not less than ten years, extendable to life imprisonment, which may mean imprisonment for the remainder of the offender's natural life.
- Fine: Additional financial penalties may be imposed.
Aggravating Circumstances
- Police Officers:
- Committing rape within their jurisdiction or station premises.
- On a woman in their custody or in the custody of a subordinate officer.
- Public Servants:
- Committing rape on a woman in their custody or in the custody of a subordinate.
- Armed Forces:
- Committing rape in an area where they are deployed by the government.
- Institutional Staff:
- Committing rape on inmates of jails, remand homes, or women’s or children’s institutions.
- Committing rape on a woman in a hospital.
- Persons in Authority:
- Relatives, guardians, teachers, or others in a position of trust or authority committing rape.
- Individuals in control or dominance over a woman committing rape.
- Specific Circumstances:
- During communal or sectarian violence.
- Knowing the woman is pregnant.
- On a woman incapable of giving consent.
- On a woman with mental or physical disabilities.
- Causing grievous bodily harm, maiming, disfiguring, or endangering the life of the woman.
- Committing rape repeatedly on the same woman.
Explanation
- Armed Forces: Includes naval, army, air forces, paramilitary, and auxiliary forces under government control.
- Hospital: Includes the precincts of any institution for treatment, convalescence, or rehabilitation.
- Police Officer: As defined under the Police Act, 1861.
- Women’s or Children’s Institution: Includes orphanages, homes for neglected women or children, widows' homes, and similar institutions.
Legislative Intent
The legislative intent behind Section 64 of BNS 2023 is to ensure stringent punishment for rape, particularly in aggravated circumstances involving positions of authority, trust, or control. By defining clear penalties and aggravating factors, the law aims to deter such heinous crimes and provide justice for victims.
Conclusion
Section 64 of BNS 2023 is crucial for addressing the crime of rape and ensuring severe penalties for those who commit such offenses, especially under aggravating circumstances. By defining stringent punishments, the section promotes justice and deters potential offenders.