Bharatiya Nyaya Sanhita, 2023
BNS Section 65
Punishment for rape in certain cases
In one line
BNS Section 65 deals with punishment for rape in certain cases and replaces IPC 376(3) (now 65(1)), IPC 376AB (now 65(2)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 65(1) | Persons committing offence of rape on a woman under sixteen years of age. | Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 65(2) | Persons committing offence of rape on a woman under twelve years of age. | Rigorous imprisonment for not less than 20 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 or death. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 65
65. Punishment for rape in certain cases.
(1) Whoever, commits rape on a woman under sixteen years of age 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 shall also be liable to 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) Whoever, commits rape on a woman under twelve years of age 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 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.
What changed from the IPC
- IPC 376AB → BNS 65(2): Section is included as sub-section in BNS sans heading.
Frequently asked
What was BNS Section 65 in the IPC?
BNS Section 65 (Punishment for rape in certain cases) replaces Sections 376(3), 376AB of the Indian Penal Code, 1860. IPC 376(3) is now BNS 65(1). IPC 376AB is now BNS 65(2).
What is the punishment under BNS 65(1)?
Persons committing offence of rape on a woman under sixteen years of age – punishable 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 shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 65(2)?
Persons committing offence of rape on a woman under twelve years of age – punishable 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 or with death. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 65 bailable?
Non-bailable: BNS 65(1), 65(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 60 — Concealing design to commit offence punishable with imprisonment
- BNS 61 — Criminal conspiracy
- BNS 62 — Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment
- BNS 63 — Rape
- BNS 64 — Punishment for rape
- BNS 66 — Punishment for causing death or resulting in persistent vegetative state of victim
- BNS 67 — Sexual intercourse by husband upon his wife during separation
- BNS 68 — Sexual intercourse by a person in authority
- BNS 69 — Sexual intercourse by employing deceitful means, etc
- BNS 70 — Gang rape