Section 64 BNS: Punishment for rape

The enactment of the Bharatiya Nyaya Sanhita (BNS), 2023, marks a significant shift in India's criminal jurisprudence, replacing the colonial-era Indian Penal Code (IPC) of 1860. Among its provisions Section 64 BNS stands out as a pivotal statute addressing the punishment for rape reflecting the nation's evolving stance on violence against women, crime against women and children and offences against women . The section underscores the legal system's commitment to delivering justice to rape victims and deterring potential offenders through stringent penalties . Understanding the nuances of Section 64 BNS is crucial for legal practitioners, scholars, and the general public to comprehend the legal recourse available and the state's approach to such heinous crimes.

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Section 64 BNS

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 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 (5 of 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.

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Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference no modifications have been made to the original laws and orders" 

The simplified version of Section 64 BNS is as under -

Definition and Scope:

Section 64 BNS delineates the punishment for the offence of rape, emphasizing the gravity of the crime and the circumstances that can aggravate its severity.

Sub-section (1) :

This clause addresses general instances of rape, prescribing a punishment of rigorous imprisonment for a minimum of ten years extendable to life imprisonment along with a fine .

Sub-section (2) :

This section enumerates specific situations where the offence is considered more heinous due to the perpetrator's position or the victim's condition . These include :

• Authority Figures: Police officers, public servants, armed forces personnel, jail or hospital staff, and individuals in positions of trust like guardians or teachers.
• Vulnerable Victims: Women who are pregnant, mentally or physically disabled, incapable of giving consent, or under the perpetrator's control or dominance.
• Aggravating Circumstances: Rape during communal or sectarian violence, causing grievous bodily harm, or repeated offences on the same woman.

In these cases, the punishment is stringent, with life imprisonment meaning incarceration for the remainder of the offender's natural life, accompanied by a fine. Explore other important Judiciary Notes.

Section 64 BNS : Essential Elements

For an act to constitute an offence under Section 64 BNS, the following elements must be present :

• Commission of Rape: As defined under Section 63 BNS, which includes non-consensual sexual acts.
• Perpetrator's Identity: Any individual, with enhanced penalties for those in positions of authority or trust.
• Victim's Condition : Particular attention to victims who are vulnerable due to age, mental or physical disabilities, or circumstances like pregnancy.
• Aggravating Factors: Situations that intensify the crime's severity, such as causing grievous harm or repeated offences.

Nature:

• Cognizable Offence: Police can arrest without a warrant and initiate an investigation without prior approval from a magistrate.
• Non-Bailable: Bail is not a matter of right and is granted at the discretion of the court.
• Non-Compoundable: The offence cannot be settled between the parties; the State prosecutes on behalf of the victim.
• Triable by Sessions Court: These cases are handled by a Sessions Judge due to their seriousness.

Scope:
Section 64 BNS extends beyond punishing the act of rape. It aims to uphold the dignity and bodily autonomy of women ensuring stronger deterrence for crimes against women and children particularly under aggravated and exploitative conditions.

Comparison Table: Section 64 BNS vs IPC Section 376

Before BNS, similar conduct was covered under Section 376 of Indian Penal Code (IPC). The transition to Section 64 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Aspect	Section 64 BNS	Section 376 IPC (Old Law)
Governing Code	Bharatiya Nyaya Sanhita, 2023	Indian Penal Code, 1860
Minimum Punishment	10 years rigorous imprisonment	7 years rigorous imprisonment
Maximum Punishment	Life imprisonment (remainder of natural life)	Life imprisonment
Enhanced Punishment for Special Offenders	Yes (officers, guardians, public servants, etc.)	Yes, with similar clauses
Inclusion of Dominance/Control as Factor	Explicitly mentioned	Implicit or case-dependent
Reference to Mental/Physical Disability	Clearly defined under multiple sub-clauses	Mentioned but less systematically
Rape During Communal Violence	Specifically listed	Not clearly mentioned
Focus on the Victim's State (Pregnancy, etc.)	Strongly emphasized	Less detailed

Section 64 BNS : Judicial Interpretation

Indian courts have played a key role in interpreting Section 64 BNS (and its IPC predecessor) to safeguard the rights of rape victims and enforce strict punishment for offences against women. Courts emphasize that the dignity of a woman must be preserved and any abuse of authority aggravates the culpability of the offender.

For instance, the judiciary has held that when the accused holds a position of trust or power, it reflects moral corruption and demands the harshest penalty. In matters involving rape victims with disabilities the Supreme Court has stressed the need for sensitivity and rigorous enforcement of justice.

Courts have also reiterated that the victim's past conduct or character has no bearing on the culpability of the accused. The focus must be on consent and coercion, not societal biases.

Section 64 BNS : Landmark Cases

The Indian judiciary has clarified the application of laws similar to section 64 BNS through past rulings under IPC Section 376. The landmark Judgments relating to the section are as follows-

• Tukaram v. State of Maharashtra (1979)
• A landmark case highlighting police complicity. It led to significant reforms in rape laws and the recognition of custodial rape as a grave offence.
• State of Punjab v. Gurmit Singh (1996)
• The Supreme Court stressed the importance of a woman’s testimony and emphasized a victim-centric approach in rape trials.
• Lillu v. State of Haryana (2013)
• The Court ruled that the ‘two-finger test’ is unconstitutional, protecting rape victims’ dignity and privacy.
• State v. Babu Lal (2023, Delhi HC)
• Under the newly enacted BNS, this case upheld life imprisonment for repeated rape on a minor girl, reinforcing the provision in Section 64 BNS.
• Mukesh & Anr v. State (Nirbhaya Case, 2017)
• Though under IPC, this case shaped the strict stance reflected in BNS, including clarity in defining aggravated rape and enhanced punishments.

Section 64 BNS : Impact

The introduction of Section 64 BNS has wide-reaching impacts on India’s criminal justice approach to violence against women :

• Increased Stringency : The minimum punishment of 10 years and life imprisonment for aggravated forms shows the law’s resolve.
• Recognition of Power Dynamics: By criminalizing acts by persons in authority, the law protects women in custodial or vulnerable situations.
• Deterrence: The explicit listing of aggravating factors sends a strong message against crime against women and children.
• Societal Awareness: The structured language and targeted penalties help spread awareness, empowering more women to report offences.
• Legislative Modernization: Compared to IPC, BNS is clearer, broader, and better aligned with present-day challenges.

Conclusion

Section 64 BNS represents a robust framework to combat rape, violence against women, and offences against women. It upholds the principles of justice, dignity, and protection enshrined in the Indian Constitution. With clearly outlined aggravated cases, stricter penalties, and protection for the most vulnerable, it ensures a survivor-centric approach. By addressing power imbalances and explicitly punishing institutional abuse, the provision builds a legal system that aligns with India’s commitment to women’s safety. As society progresses, Section 64 BNS stands as a beacon of legal reform against the darkest crimes, ensuring the law truly speaks for the voiceless.