Introduction
Rape is a despicable and heinous violation of a woman’s physical sanctity and dignity. It shatters her physical and psychological well-being, inflicts profound emotional distress, and leaves her in a state of living death. In India, the offence of rape is governed under the provisions of the Indian Penal Code, 1860 (IPC) including Sections 375 and 376. This colonial-era criminal law somehow fails in certain scenarios because society has evolved in various aspects; therefore, to improve India's overall criminal justice delivery landscape as well as to protect women from sexual offences, Bharatiya Nyaya Sanhita, 2023 (BNS, 2023) was proposed. This law was introduced to replace the long-standing law IPC, 1860. In this article, we will explore the punishments for the offence of rape under the new criminal law, Bharatiya Nyaya Sanhita, 2023.
Section 63 of BNS: Definition of Rape
Section 63 of BNS defines Rape, categorizing various actions that constitute this offense. These actions range from penetration with body parts or objects to manipulation causing penetration, all under specific circumstances outlined in seven descriptions. The definition also includes considerations for consent and conditions like age, mental state and communication abilities.
Section 64 of BNS: Punishment of Rape in Certain Cases
Section 64 of BNS prescribes severe punishments for rape. In general cases, rigorous imprisonment not less than ten years, which may extend to life, along with a fine, is imposed. However, the punishment escalates for specific situation, such as rape by public servants, armed forces, or during communal violence.
Section 65 of BNS: Punishment for rape in certain cases
This section addresses rape offenses against minors. Perpetrators who commit rape on a woman under sixteen or twelve years of age face stringent penalties, including rigorous imprisonment for a minimum of 20 years, life imprisonment, or even the death penalty. The fine imposed will be used to cover medical expenses and rehabilitation of the victim.
Section 66 of BNS: punishment for causing death or persistent vegetative state
In cases where rape results in the death of the victim or places them in a persistent vegetative state, the offender faces rigorous imprisonment for a minimum 20 years, life imprisonment, or the death penalty.
Section 67 of BNS: sexual intercourse by husband upon his wife during separation
Recognizing the significance of marital consent, the BNS addresses sexual intercourse by a husband with his separated wife without her husband. Offenders face imprisonment ranging from two to seven years and a fine, emphasizing the importance of respecting spousal autonomy.
Section 68 of BNS: Sexual intercourse by person in authority
This section deal with sexual intercourse by individuals in position of authority, public servant, or those managing institution. Offenders abusing their position or fiduciary relationship for sexual intercourse face rigorous imprisonment for a term of 5 to 10 years and a fine.
Section 69 of BNS: Sexual intercourse by employing deceitful Means, etc.
Addressing sexual intercourse obtained through deceitful means or false promises this section imposes imprisonment up to 10 years and a fine. Deceitful means encompass false promises of employment, promotion or marriage.
Section 70 of BNS: Gang Rape
The law recognizes the severity of group offences, prescribing rigorous for a minimum of 20 years, which may extend to life, or those involved in gang rape. The fine imposed is directed towards victim medical expenses and rehabilitation.
Section 71 of BNS: Punishment for repeat offenders
Individuals previously convicted under specific sections related to sexual offences can face life imprisonment or the death penalty upon subsequent convictions.
Section 72 of BNS: Disclosure of identity of victim of certain offences, etc.
Recognising the sensitivity of victim’s identity, Section 72 penalizes the disclosure of the victim’s identity. Those convicted of such offences may face imprisonment up to 2 years and a fine. Exceptions exist for authorized disclosures, including those ordered by the policer officer in charge of the investigation, with the victim’s written authorization, or in specific cases involving the victim’s next of kin.
Conclusion
This article provides a brief overview of laws related to rape in the new law, the Bharatiya Nyaya Sanhita, 2023. As per new law, an offence of rape is said to be committed if a man with or without consent commits rape of a woman under 18 years of age which was 15 years in the Indian Penal Code, 1860. Also, the BNS, 2023 defines punishment for rape of women under 12 years and 16 years into a single section that is Section 65. Overall, the Bharatiya Nyaya Sanhita, 2023 ensures to protect and safeguard the lives of Indian citizens as well as improves fairness and transparency in the legal process.