Bharatiya Nyaya Sanhita: Section 64 – 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.

Simplified Explanation

Section 64 of the Bharatiya Nyaya Sanhita (BNS) specifies the punishments for the offense of rape, as defined in Section 63. This section lays out the penalties based on the circumstances and severity of the offense, with enhanced punishments for aggravated cases. The goal of Section 64 is to ensure strict legal consequences for perpetrators, uphold justice for survivors, and deter future incidents of sexual violence.

Key Elements of Section 64

1. Basic Punishment for Rape
   • For cases of rape where no aggravated circumstances are involved, the punishment under Section 64 is:
     • Imprisonment for a term not less than 10 years, which may extend to life imprisonment (meaning imprisonment for the remainder of the convict’s natural life).
     • The offender may also be subject to a fine, which could be directed toward compensating the victim.
   • The purpose of this punishment is to impose a strict sentence on the offender, reflecting the gravity of the crime and its impact on the survivor.
2. Punishment in Aggravated Circumstances
   • Section 64 imposes stricter penalties for rape committed under aggravated circumstances. These circumstances include:
     • Gang Rape: Involving multiple perpetrators, where each participant may be sentenced to life imprisonment or the death penalty.
     • Custodial Rape: Committed by individuals in positions of authority or trust, such as police officers, teachers, or custodians.
     • Rape of a Minor: Where the victim is below the age of 16, triggering higher penalties due to the vulnerability of the victim.
     • Rape Resulting in Death or Severe Injury: Cases where the victim sustains life-threatening injuries or dies as a result of the assault.
   • In these cases, the punishment may extend to life imprisonment (with no possibility of release) or the death penalty.
3. Punishment for Repeat Offenders
   • Section 64 prescribes even harsher penalties for individuals convicted of rape more than once:
     • Life imprisonment or the death penalty may be imposed for repeat offenders, reflecting the intent to prevent further offenses and protect society from habitual offenders.
   • This provision underscores the zero-tolerance approach toward repeat sexual offenders.
4. Fines and Compensation
   • Along with imprisonment, the court may impose fines on the convict, which can be directed toward compensating the survivor for medical expenses, trauma, and other hardships caused by the offense.
   • The focus on compensation underscores the law’s recognition of the financial and emotional toll on survivors.
5. Protective Measures and Safeguards
   • Section 64 mandates that cases involving rape be handled with the utmost sensitivity, confidentiality, and support for survivors.
   • The law includes provisions for in-camera proceedings (closed court sessions) and ensures that survivors’ identities are protected in legal records and media reporting.
6. Purpose of Section 64
   • The primary objectives of Section 64 are to:
     • Deliver justice to survivors by imposing severe punishments on offenders.
     • Deter potential offenders through stringent sentencing.
     • Protect public safety by ensuring that repeat and high-risk offenders receive life sentences or the death penalty.

Examples of Punishments Under Section 64

• Example 1: An individual is convicted of rape with no aggravating circumstances. They may face a minimum of 10 years of imprisonment, extendable to life imprisonment, along with a fine.
• Example 2: A person involved in the gang rape of a minor may receive a sentence of life imprisonment or the death penalty due to the aggravated nature of the offense.
• Example 3: A police officer convicted of custodial rape may face life imprisonment or even the death penalty, depending on the severity of the crime.

Importance of Section 64

Section 64 emphasizes the commitment of Indian law to protect individuals from sexual violence by prescribing stringent punishments for rape. It reflects society’s condemnation of sexual violence and the state’s dedication to enforcing justice, providing survivors with a sense of security and assurance that offenders will face severe legal consequences.

In summary, Section 64 of the BNS outlines the punishment for rape, establishing strict sentences, including life imprisonment and the death penalty, especially in aggravated cases and for repeat offenders. This section underscores the law’s stance on safeguarding dignity and justice, ensuring that perpetrators are held fully accountable for their actions.