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 illness 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;
(c) “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861;
(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.
Example:
Vijay has been held guilty of rape by the High Court. He has been sentenced to 10 years of rigorous imprisonment along with fine for this gruesome crime.
Key Points in BNS-64
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Standard Punishment for Rape
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Imprisonment: Anyone convicted of rape shall be punished with rigorous imprisonment for a term not less than ten years. This term can be extended to imprisonment for life.
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Fine: In addition to imprisonment, the convict will also be liable to a fine.
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Enhanced Punishment for Specific Circumstances
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Police Officers: If a police officer commits rape:
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Within the police station limits.
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In any station house premises.
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On a woman in their custody or in the custody of a subordinate officer.
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Public Servants: If a public servant commits rape on a woman in their custody or in the custody of a subordinate public servant.
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Armed Forces Members: If a member of the armed forces commits rape in an area where they are deployed by the Central or State Government.
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Jail/Remand Home Staff: If a person on the management or staff of a jail, remand home, or similar institution commits rape on any inmate.
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Hospital Staff: If a person on the management or staff of a hospital commits rape on a woman in that hospital.
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Relatives/Guardians/Teachers: If a relative, guardian, teacher, or a person in a position of trust or authority commits rape.
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Communal/Sectarian Violence: If rape is committed during communal or sectarian violence.
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Pregnant Women: If the rape is committed on a woman known to be pregnant.
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Incapable of Consent: If the rape is committed on a woman who is incapable of giving consent.
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Position of Control: If the rape is committed by someone in a position of control or dominance over the woman.
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Mental Illness/Disability: If the rape is committed on a woman suffering from mental illness or physical disability.
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Grievous Bodily Harm: If the rape causes grievous bodily harm, maims, disfigures, or endangers the woman’s life.
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Repeated Rape: If the rape is committed repeatedly on the same woman.
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In these specific cases, the punishment is:
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Rigorous Imprisonment: Not less than ten years, extending to imprisonment for life.
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Fine: Additionally, the convict will be liable to a fine.
Summary
BNS-64 provides a structured framework for the punishment of rape, with a standard minimum term of imprisonment of ten years, extending to life imprisonment, and additional fines. Enhanced punishments are stipulated for cases involving abuse of power, vulnerable individuals, or severe harm, reflecting the gravity and context of the offense.
Offence : Rape.
Punishment : Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life, and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Court of Session.
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