BNS Section 65
What punishment does a rapist face if the victim is under 16 years old?
Short answer
They get at least 20 years in prison, possibly life, and must pay a fine for the victim’s medical and rehabilitation costs.
In detail
Section 65 of the Bharatiya Nyaya Sanhita, 2023 says that anyone who rapes a woman who is younger than sixteen must be sentenced to rigorous imprisonment for a minimum of twenty years, and the term can be extended to life imprisonment, meaning the rest of the offender’s natural life. In addition, the offender must pay a fine that is fair and reasonable to cover the victim’s medical expenses and rehabilitation, and this fine must be given directly to the victim. If the victim is even younger, under twelve, the same minimum and maximum imprisonment applies, but the law also allows the court to impose either a fine or the death penalty, with the same requirement that any fine be just, reasonable, and paid to the victim. These provisions aim to ensure severe punishment for the crime and provide financial support for the victim’s recovery.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- Can the death penalty be imposed for rape of a girl under 12?
- Is the fine for rape paid directly to the victim?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.