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BNS Section 65: Punishment for rape in certain cases

Section 65 of the Bharatiya Nyaya Sanhita, 2023 deals with punishment for rape in certain cases. It has no direct equivalent in the Indian Penal Code, 1860; it is new in the BNS. Under the BNSS First Schedule, it depends on the sub-section: 65(1) is cognizable and non-bailable; 65(2) is cognizable and non-bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
65(1)Persons committing offence of rape on a woman under sixteen years of age.Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life and fine.CognizableNon-bailableCourt of Session
65(2)Persons committing offence of rape on a woman under twelve years of age.Rigorous imprisonment for not less than 20 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 death.CognizableNon-bailableCourt of Session

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 65

65. (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.

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