(1) Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and 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:
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) Where a woman under eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with 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 70 of the Bharatiya Nyaya Sanhita (BNS) specifically addresses the crime of gang rape, defining it as a heinous offense involving multiple perpetrators committing rape on the same victim. This section recognizes the aggravated nature of gang rape, given the increased physical and psychological trauma inflicted upon the victim, and prescribes stringent punishments to reflect the severity of the crime.
Key Elements of Section 70
- Definition of Gang Rape
- Gang rape is defined as a situation where two or more individuals jointly engage in the act of rape against a single victim.
- The offense is considered particularly egregious due to the collective involvement of multiple offenders, amplifying the trauma and harm experienced by the victim.
- Aggravated Nature of the Crime
- Gang rape is treated as an aggravated form of rape because:
- It involves multiple attackers, often resulting in severe physical injuries and lasting psychological trauma for the victim.
- The collective nature of the offense shows a heightened level of planning, brutality, and disregard for the victim’s dignity and autonomy.
- This section aims to address the specific harms of gang rape by imposing enhanced penalties compared to those for individual rape cases.
- Gang rape is treated as an aggravated form of rape because:
- Punishment for Gang Rape under Section 70
- Life Imprisonment: Offenders convicted of gang rape may face life imprisonment, meaning imprisonment for the remainder of their natural life, to reflect the gravity of the crime.
- Death Penalty: In especially heinous cases or under certain aggravated circumstances (such as gang rape resulting in the victim’s death or leaving the victim in a persistent vegetative state), the court may impose the death penalty.
- Fine: In addition to imprisonment, the offenders may be required to pay a substantial fine, which may be directed toward compensating the victim for medical expenses, psychological support, and rehabilitation.
- Additional Provisions for Compensation
- The law includes provisions for compensation to the victim to cover medical, psychological, and rehabilitation needs.
- The fine imposed on the offenders may also be used to support the victim’s recovery, acknowledging the severe impact of gang rape on the victim’s well-being.
- Examples of Gang Rape Under Section 70
- Example 1: A group of three individuals forcibly engages in sexual intercourse with a single victim, taking turns to assault her. This constitutes gang rape, and each individual may face life imprisonment or, under certain conditions, the death penalty.
- Example 2: A gang rape results in the victim’s death due to injuries inflicted during the assault. This aggravating factor could lead the court to impose the death penalty on the offenders, given the extreme harm caused.
- Purpose of Section 70
- Section 70 aims to:
- Provide justice and protection to victims of gang rape by imposing the harshest penalties on those convicted.
- Deter such offenses by sending a strong message that gang rape carries severe legal consequences, including life imprisonment or the death penalty.
- Address the compounded harm and trauma associated with gang rape, recognizing it as a crime of extreme brutality.
- Section 70 aims to:
- Recognizing the Victim’s Rights and Recovery Needs
- Section 70 underscores the legal system’s commitment to upholding the dignity and rights of victims who endure gang rape.
- By mandating both stringent punishments and compensation for victims, this section seeks to ensure justice and support the victim’s recovery and reintegration into society.
Importance of Section 70
Section 70 represents India’s strong stance against gang rape as a particularly heinous crime, reinforcing the legal system’s dedication to protecting individuals from collective sexual violence. By prescribing the harshest penalties for gang rape, this section aims to deter potential offenders and ensure justice for victims, acknowledging the extreme trauma and violation they endure.
In summary, Section 70 of the BNS defines gang rape as a crime involving multiple perpetrators and prescribes severe penalties, including life imprisonment or the death penalty, along with fines to support victim compensation. This section underscores the commitment to justice, deterrence, and support for survivors of one of the most severe forms of sexual violence.
