(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.
Simplified Explanation
Section 65 of the Bharatiya Nyaya Sanhita (BNS) provides enhanced punishments for rape in specific, aggravated circumstances. This section outlines stricter penalties for cases where the crime of rape involves particularly heinous elements, or where the victim is in a vulnerable or protected category under the law. Section 65 aims to address the gravity of such offenses by imposing the maximum penalties, including life imprisonment or the death penalty, to ensure justice and deterrence.
Key Elements of Section 65
- Scope of Section 65
- This section applies to specific, aggravated cases of rape that involve factors of extreme cruelty, abuse of authority, or heightened victim vulnerability.
- Section 65 is designed to address situations where the offense is particularly egregious due to the circumstances or the individuals involved, necessitating more severe punishments to reflect the crime’s gravity.
- Circumstances Triggering Enhanced Punishment
- Enhanced punishment under Section 65 may apply in cases such as:
- Rape of a Minor Under Age 12: Cases where the victim is exceptionally young and vulnerable.
- Gang Rape of a Minor: Involving multiple offenders and a minor victim, leading to a heightened level of trauma and harm.
- Rape by a Custodian or Authority Figure: When committed by individuals in positions of authority or trust, such as police officers, teachers, or doctors, who abuse their power over the victim.
- Rape Resulting in Death or Permanent Disability: Cases where the victim dies or suffers lifelong physical or mental disabilities due to the assault.
- Repeat Offenders: Offenders who have prior convictions for similar offenses, indicating a pattern of serious criminal behavior.
- Enhanced punishment under Section 65 may apply in cases such as:
- Punishment Prescribed under Section 65
- In these aggravated cases, Section 65 prescribes:
- Life Imprisonment (to mean imprisonment for the remainder of the convict’s natural life) or,
- Death Penalty, in the most extreme cases, such as gang rape of a minor, or where the rape results in death or permanent incapacitation.
- These punishments reflect the legal system’s intention to impose the highest level of deterrence and justice for offenses of severe sexual violence, particularly against minors or vulnerable individuals.
- In these aggravated cases, Section 65 prescribes:
- Compensation for Victims
- In addition to imprisonment or the death penalty, Section 65 allows for monetary compensation to be provided to the victim or their family, aimed at covering medical expenses, rehabilitation, and other needs arising from the crime.
- The provision for compensation underscores the law’s acknowledgment of the significant impact on victims and their families, beyond the physical and emotional trauma.
- Purpose of Enhanced Punishment
- The purpose of Section 65 is to:
- Ensure justice for victims of extreme sexual violence by imposing the harshest penalties on offenders.
- Deter potential offenders by reinforcing the severe legal consequences for committing such offenses.
- Protect vulnerable individuals, such as minors, from the threat of sexual violence by holding offenders fully accountable.
- The purpose of Section 65 is to:
- Examples of Enhanced Punishment under Section 65
- Example 1: A person involved in the gang rape of a minor under age 12 may be sentenced to life imprisonment or the death penalty, given the aggravated nature of the offense.
- Example 2: A custodial officer who rapes a person in custody, resulting in the victim’s death, may face the death penalty or life imprisonment for abusing their position and causing severe harm.
- Protecting Vulnerable Victims
- Section 65 emphasizes the importance of protecting minors and vulnerable individuals who may face greater risks and trauma from such offenses.
- By providing for maximum punishment in these cases, the section aims to safeguard society’s most vulnerable and reinforce the commitment to their safety and dignity.
Importance of Section 65
Section 65 plays a crucial role in India’s criminal justice system by imposing enhanced penalties for cases of extreme sexual violence, particularly against minors and in cases involving abuse of authority. This section reflects the legal system’s dedication to upholding justice, providing protection, and sending a strong deterrent message to potential offenders.In summary, Section 65 of the BNS prescribes stringent punishment, including life imprisonment or the death penalty, for aggravated cases of rape involving minors, abuse of authority, or extreme harm to the victim. This provision underscores the law’s commitment to justice, safety, and the protection of society’s most vulnerable individuals.
