Where the horror of sexual violence continues to haunt our society, the legal system stand as only hope of justice and protection. Gang rape is an especially brutal crime that destroy lives and shakes the core of our communities, demanding strict legal action. According to the legislature (the law making body) Section 70 Gang Rape of the Bharatiya Nyaya Sanhita 2023 is a strong response to this crime, ensuring that everyone involved is held fully accountable. The provisions not only imposes severe punishments but also focuses on helping the victims recover and rebuild their lives.
However, while these changes are a step in the right direction, they may not fully address the deep grievances and trauma caused by such heinous crimes. The question remains whether these new laws are enough or if more needs to be done to truly heal the wounds and prevent such atrocities from happening again? Please read the full article and share your thoughts in the comments.
Section 70 Gang Rape : Provision
70. (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.
1. Section 70 Gang Rape Explaination :
Section 70 of the Bharatiya Nyaya Sanhita (BNS) 2023 deals with the offence of gang rape. This provision addresses situations where a woman is raped by two or more individuals who either form a group or act with a shared intention. The law recognizes that in such cases, each individual involved is equally culpable and faces severe punishment.
Key Provisions :
1. Act of Rape by more than one Person : Gang rape
- If a woman is raped by one or more individuals acting as a group or with a common intention, each person involved is considered to have committed the offense of rape.
- The punishment for such an offence is rigorous imprisonment for at least 20 years, which can extend to life imprisonment. “Life imprisonment” here means imprisonment for the offender’s entire natural life.
- Additionally, a fine is imposed, which should be reasonable and sufficient to cover the victim’s medical expenses and rehabilitation. The fine collected is paid directly 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.
2. Gang Rape of a Minor (Under 18 Years of Age) :
- If the victim is under 18 years old, the punishment is even more severe. Each person involved in the gang rape is liable to life imprisonment for their entire natural life or the death penalty.
- As in the previous scenario, a fine is imposed to support the victim’s medical and rehabilitation needs, and this fine is paid directly to the victim.
Ingredients of the Offence :
1. Rape of a Woman : The primary offence must be rape as defined under the law.
2. Group Action or Common Intention : The act of rape must have been committed by multiple individuals either acting together as a group or sharing a common intention.
3. Culpability : Each person involved in the group or sharing the intention is equally responsible for the offence.
4. Victim’s Age (for Sub-section 2) : If the victim is under 18 years, stricter penalties apply, including the death penalty.
Comparison of BNS Section 70(2) with IPC Sections 376DA and 376DB
Section 70(2) of the Bharatiya Nyaya Sanhita (BNS) 2023 deals specifically with the gang rape of a woman under 18 years of age. This provision mandates severe punishment for those involved in such a crime, including the possibility of life imprisonment for the remainder of the perpetrator’s natural life or even the death penalty.
READ MORE: Section 77 Voyeurism of the Bharatiya Nyaya Sanhita (BNS),BNS Sec. 74, 75, 76: New Strict Laws on Assault and Sexual Harassment of Women, Section 318 Cheating of the Bharatiya Nyaya Sanhita (BNS)
Comparison with IPC Provisions
1. IPC Section 376DA – Punishment for Gang Rape on a Woman Under Sixteen Years of Age:
- Provision: Under the Indian Penal Code (IPC), Section 376DA punishes gang rape where the victim is under 16 years old. The punishment is rigorous imprisonment for life, which means imprisonment for the rest of the perpetrator’s natural life, along with a fine.
- Comparison: BNS 70(2) raises the age threshold to 18 years, providing broader protection to minors. While IPC 376DA specifically addresses victims under 16, BNS 70(2) extends similar protection to all minors under 18.
2. IPC Section 376DB – Punishment for Gang Rape on a Woman Under Twelve Years of Age:
- Provision: IPC Section 376DB is even stricter, applying to cases where the victim is under 12 years old. The punishment here is either rigorous imprisonment for life (imprisonment for the remainder of the perpetrator’s life) or the death penalty.
- Comparison: BNS 70(2) aligns closely with IPC 376DB but applies to a broader age group (under 18 years). This means that the death penalty, which under the IPC was reserved for gang rapes involving victims under 12, can now be imposed in cases where the victim is under 18, under the BNS.
IPC Section 376DA,B to BNS Section 70(2) : What has changed ?
- Expanded Age Coverage: The most significant change in the BNS is the expansion of the age threshold for victims. While IPC Sections 376DA and 376DB provided specific protections for victims under 16 and under 12 years of age respectively, BNS 70(2) extends similar protections to any victim under 18 years old.
- Uniform Penalty: The BNS provision creates a uniform penalty framework for gang rape cases involving minors under 18. Previously, under the IPC, there were different penalties depending on whether the victim was under 12 or 16. BNS 70(2) streamlines this by applying the severe penalty of life imprisonment or death for all cases involving minors under 18.
- Focus on Victim Rehabilitation: Similar to the IPC, the BNS emphasizes the imposition of fines to cover the victim’s medical expenses and rehabilitation, but this provision is maintained across the board for any victim under 18, reflecting a consistent victim-centric approach.
Conclusion :
Section 70 Gang Rape of the BNS 2023 underline BNS’s strict stand against the offence of rape, ensuring that all individuals involved in such a heinous act are held fully accountable. The provision aims not only to punish the offenders but also to support the victim’s recovery and rehabilitation. The inclusion of fines directed towards victim support reflects a victim-centric approach in the law, further strengthened by the option of the death penalty in cases involving minor victims.
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