Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 64 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, 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, or with death.
Simplified Explanation
Section 66 of the Bharatiya Nyaya Sanhita (BNS) addresses the punishment for crimes where the assault on a victim leads to their death or places them in a persistent vegetative state. This section underscores the severity of violent offenses that result in the most extreme consequences for victims, imposing the highest possible penalties on offenders.
Key Elements of Section 66
- Scope of Section 66
- This section applies when:
- An offense directly leads to the death of the victim.
- An offense results in the victim entering a persistent vegetative state—a condition of severe and irreversible brain damage, leaving the individual in a state of minimal consciousness and dependence on life support.
- Section 66 is invoked in cases where the assault is so severe that it causes irreparable harm, either ending the victim’s life or leaving them permanently incapacitated.
- This section applies when:
- Definition of Persistent Vegetative State
- A persistent vegetative state refers to a medical condition where a person loses cognitive function and is left in a condition of minimal consciousness, often requiring life-long medical care and support.
- The law recognizes this state as one of the gravest possible consequences of an assault, similar in severity to death, due to its profound and irreversible impact on the victim’s quality of life and the burden it places on their family.
- Punishments under Section 66
- Death Penalty: For cases where the assault results in the death of the victim, Section 66 allows for the imposition of the death penalty.
- Life Imprisonment: In cases where the victim is left in a persistent vegetative state, the offender may face life imprisonment (imprisonment for the remainder of their natural life).
- Fine and Compensation: Courts may also impose a substantial fine, potentially directed towards supporting the victim’s family or covering the lifelong medical care required in cases of persistent vegetative state.
- Examples of Punishment under Section 66
- Example 1: An individual assaults another with the intent to cause serious harm, resulting in the victim’s death. Under Section 66, the offender may be sentenced to life imprisonment or the death penalty.
- Example 2: A person inflicts grievous injury on another, leaving the victim in a persistent vegetative state. The offender can be sentenced to life imprisonment and may also be required to pay a fine to assist with the victim’s ongoing medical care.
- Purpose of Section 66
- Section 66 aims to:
- Provide justice for victims and their families by imposing the highest penalties on those who commit violent acts resulting in death or extreme, irreversible harm.
- Deter violent crime by emphasizing that severe assaults leading to such grave outcomes will lead to the most stringent legal consequences.
- Recognize and address the profound impact of crimes that not only end lives but also cause lasting suffering and dependence for both victims and their families.
- Section 66 aims to:
- Focus on Deterrence and Accountability
- The severe penalties under Section 66 highlight the law’s zero-tolerance approach toward violent offenses that carry the most extreme consequences for victims.
- This section underscores the seriousness with which the legal system views actions that irreparably alter or end lives, emphasizing the responsibility of offenders to face the full weight of justice.
Importance of Section 66
Section 66 serves as a strong deterrent against the most severe forms of assault and violence, ensuring that those who commit acts resulting in death or lifelong incapacitation are held to the highest level of accountability. By prescribing life imprisonment and the death penalty, this provision reflects the law’s commitment to upholding justice and protecting society from acts of extreme violence.
In summary, Section 66 of the BNS mandates the death penalty or life imprisonment for offenders whose actions result in the death or persistent vegetative state of the victim, reinforcing the legal system’s dedication to delivering justice for the most serious forms of violent crime.
