BNS Section 64
What punishment does the Bharatiya Nyaya Sanhita prescribe for rape?
Short answer
The law mandates at least ten years’ rigorous imprisonment, up to life imprisonment, and a fine.
In detail
Under Section 64 of the Bharatiya Nyaya Sanhita, 2023, anyone who commits rape (except the special cases listed in sub‑section 2) must be sentenced to rigorous imprisonment for a period not less than ten years. The court may extend this term to life imprisonment, which means the offender remains in prison for the rest of their natural life. In addition to imprisonment, the offender must also pay a monetary fine. The same minimum and maximum terms apply to the aggravated situations described in sub‑section 2, such as rape by police officers, public servants, armed forces members, or when the victim is a child, pregnant, disabled, or suffers grievous injury, among other circumstances. All these aggravated offences also attract the same range of imprisonment and a fine. The provision aims to ensure severe deterrence and protect vulnerable persons from sexual violence.
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
- Does the law impose harsher penalties for rape by police officers?
- What additional punishments apply for repeat rape of the same woman?
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.