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 section shall be paid to the victim.
Key Points on BNS-65
BNS-65 outlines the punishments for the crime of rape when the victim is a minor. Here's a detailed explanation of the important points and definitions under this provision:
1. Rape of a Minor
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BNS-65 specifically addresses the crime of rape committed against females who are minors, with distinct provisions based on the age of the victim.
2. Punishment for Rape of a Woman Under Sixteen Years of Age
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Imprisonment:
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The perpetrator will face rigorous imprisonment for a term of no less than twenty years.
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The imprisonment term may extend to life imprisonment, which means incarceration for the remainder of the perpetrator's natural life.
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Fine:
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The perpetrator will also be liable for a fine.
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The fine must be just and reasonable to cover the victim's medical expenses and rehabilitation.
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Any fine imposed under this subsection must be paid to the victim.
3. Punishment for Rape of a Woman Under Twelve Years of Age
Imprisonment:
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The perpetrator will face rigorous imprisonment for a term of no less than twenty years, which may extend to life imprisonment.
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Death Penalty:
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In addition to or instead of imprisonment, the perpetrator may face the death penalty.
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Fine:
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The fine, if imposed, must be just and reasonable to cover the victim’s medical expenses and rehabilitation.
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The fine must be paid to the victim.
4. Definitions and Important Terms
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Rigorous Imprisonment: A type of imprisonment that is harsher than simple imprisonment, involving hard labor and more stringent conditions.
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Life Imprisonment: Incarceration for the entire natural life of the convicted individual, except where release is granted through parole or clemency.
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Fine: A monetary penalty imposed on the perpetrator. In this context, it is meant to cover the victim's costs related to medical treatment and rehabilitation.
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Death Penalty: The execution of a person convicted of a serious crime. This is an alternative punishment for the rape of a girl under twelve years of age, reflecting the severity of the crime.
5. Victim Compensation
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The provision mandates that any fine imposed must be used to support the medical and rehabilitative needs of the victim, ensuring that the financial compensation directly benefits the victim.
Summary
BNS-65 establishes severe penalties for rape committed against minors, with distinctions based on the victim's age. For victims under sixteen, the minimum punishment is twenty years of rigorous imprisonment, extendable to life imprisonment, with a fine for the victim's expenses. For victims under twelve, the penalty includes a minimum of twenty years’ imprisonment or the death penalty, with a similar fine provision. The fines are to be paid directly to the victim to aid in their recovery.
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