Chapter V: Offence Of Rape In BNS Section 63 to 73
This is Chapter V of The Bharatiya Nyaya Sanhita (BNS). It deals specifically with crimes committed against women and children, with a particular focus on sexual offences. This is a major change from the previous Indian Penal Code (IPC), where these offences were spread across different sections. The chapter brings all sexual offences against women and children together, ensuring these crimes are treated with the seriousness they deserve. Offence Of Rape In BNS makes the law gender-neutral which means anyone, regardless of their gender, can be charged with a sexual offence and increases the penalties for sexual offences as well. This aims to discourage people from committing these crimes and make sure victims receive justice.
Overall, Chapter V shows a commitment to protecting women and children from sexual violence. By making the law clearer and the punishments harsher, the BNS hopes to create a safer society for everyone.
Section 63. Definition of Rape
1. Definition of Rape:
Rape is when a man does any of the following acts to a woman without her consent:
– Penetrates with his penis into the woman’s vagina, mouth, urethra, or anus.
– Inserts an object or body part (other than the penis) into the woman’s vagina, urethra, or anus.
– Manipulates any part of the woman’s body to cause penetration.
– Applies his mouth to the woman’s vagina, anus, or urethra.
2. Circumstances of Rape:
These acts are considered rape if they happen under certain circumstances, such as:
– Against the woman’s will.
– Without her consent.
– With her consent obtained through fear of harm.
– With her consent obtained by deception about the man’s identity or marital status.
– With her consent obtained while she is unable to understand the nature of the act (due to mental incapacity, intoxication, etc.).
– When the woman is under 18 years old.
– When the woman is unable to communicate consent.
3. Explanation of Consent:
Consent means the woman willingly agrees to participate in the sexual act. It can be communicated through words, gestures, or other forms of communication. It’s important to note that lack of physical resistance doesn’t imply consent. So, if a woman doesn’t resist physically, it doesn’t mean she’s consenting.
4. Exceptions:
There are two exceptions:
– Medical procedures or interventions aren’t considered rape.
– Sexual intercourse between a man and his wife, provided the wife is not under 18 years old, isn’t considered rape.
Section 64. Punishment for rape :
Rape is defined as the act of sexual penetration without consent. The punishment for rape is rigorous imprisonment for a minimum of ten years, which may extend to life imprisonment, along with a fine. Exceptions are provided for certain circumstances such as when committed by specific officials or during communal violence.
Section 65. Punishment for Rape of Minors :
The punishment for raping a woman under sixteen years of age is rigorous imprisonment for a minimum of twenty years, which may extend to life imprisonment, along with a fine. Similar severe punishment is prescribed for rape of a woman under twelve years of age.
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Section 66. Aggravated Offences and Death Penalty : (Punishment for causing death or resulting in persistent vegetative state of victim)
If rape results in the death of the victim or leaves her in a persistent vegetative state, the offender is liable for rigorous imprisonment for a minimum of twenty years, extendable to life imprisonment, or even the death penalty.
Section 67. Offense of Marital Rape (Sexual intercourse by husband upon his wife during separation) :
Having sexual intercourse with one’s separated wife without her consent is punishable with imprisonment ranging from two to seven years, along with a fine.
Section 68. Sexual intercourse by a person in authority :
Individuals in positions of authority or trust who misuse their influence to induce sexual intercourse, not amounting to rape, with a woman under their care or authority are subject to rigorous imprisonment for a minimum of five years, extendable to ten years, along with a fine.
Section 69. Sexual intercourse by employing deceitful means,etc. :
Engaging in sexual intercourse with a woman by deceitful means or false promise of marriage, without the intention of fulfilling the promise, is punishable with imprisonment for up to ten years, along with a fine.
Section 70. Gang Rape
Sub sec.1. Gang Rape and Punishment :
If a woman is raped by a group of people or individuals acting together with a common intention, each person involved is considered to have committed the offense of rape. They are subject to rigorous imprisonment for a minimum of twenty years, extendable to life imprisonment (meaning imprisonment for the rest of their natural life), along with a fine. The fine imposed should be reasonable to cover the victim’s medical expenses and rehabilitation, and it must be paid to the victim.
Sub sec. 2. Group Rape of Minors :
If a woman under eighteen years of age is raped by a group of people or individuals acting together, each person involved is considered to have committed the offense of rape. The punishment for such an offence is imprisonment for life (meaning imprisonment for the rest of their natural life) or even the death penalty, along with a fine. As with the previous provision, the fine should be reasonable to cover the victim’s medical expenses and rehabilitation, and it must be paid to the victim.
Section 71. Punishment for repeat offenders :
if someone has been convicted of a serious sexual offense like rape, and then they commit another similar offense later, the punishment becomes even more severe.
1. Repeat Offense: If a person has been convicted previously for crimes like rape of adults, rape of minors, causing death through rape, or group rape, and they commit any of these crimes again, the punishment gets harsher.
2. Severe Punishment: The punishment for this repeat offence can be either life imprisonment (meaning they stay in prison for the rest of their life) or even the death penalty.
These provisions aim to hold all perpetrators accountable for their actions in cases of group rape, ensuring severe punishment and financial restitution for the victim’s medical and rehabilitation needs.
These provisions aim to safeguard the rights and dignity of women and minors and ensure severe punishment for those who commit sexual offences, while also providing for specific circumstances and exceptions as per the Indian legal framework.
Section 72. Disclosure of identity of victim of certain offences, etc. :
This provision deals with protecting the identity of victims of certain serious offenses, such as rape or sexual assault.
1. Protection of Victim’s Identity: Anyone who prints or publishes the name or any information that could reveal the identity of a victim of offenses like rape or sexual assault can be punished with imprisonment for up to two years, along with a fine.
2. Exceptions: However, there are some situations where revealing the victim’s identity is allowed:
· If authorised by the police officer in charge of the case or the investigating officer, for the purpose of the investigation.
· If authorised by the victim themselves in writing.
· If the victim is deceased, a child, or unable to make decisions due to mental incapacity, the next of kin can authorise the publication of the victim’s identity in writing. But this authorization can only be given to the chairman or secretary of a recognized welfare institution or organisation.
3. Definition of Recognized Welfare Institution or Organization: A recognized welfare institution or organisation is one approved by the government to provide social welfare services.
Overall, this law aims to protect the privacy and dignity of victims of serious crimes by preventing the disclosure of their identities without proper authorization.
Section 73. Printing or publishing any matter relating to Court proceedings without permission :
This provision is about what can be printed or published regarding court cases involving serious crimes, as outlined in section 72.
1. Restriction on Printing or Publishing: If someone prints or publishes any information related to a court case involving offenses like rape or sexual assault, without getting permission from the court first, they can be punished with imprisonment for up to two years and also fined.
2. Exception for Court Judgments: However, if someone prints or publishes the judgement (the final decision) of a High Court or the Supreme Court regarding such a case, they won’t be breaking this law. This means that reporting on the court’s official decision is allowed without needing prior permission.
In short, this law aims to regulate what can be printed or published about court proceedings involving serious crimes, while allowing for the reporting of official court judgments without restrictions.
