Introduction of Section 65 BNS
Section 65 BNS deals with the punishment for the crime of rape, particularly focusing on cases involving minors. It outlines severe penalties for offenders, especially when the victim is under a certain age, emphasizing the seriousness of such crimes in the eyes of the law.
- Introduction of Section 65 BNS
- What is section 65 of BNS ?
- BNS Section 65(1) in Simple Points
- BNS Section 65(2) in Simple Points
- Section 65 BNS Overview
- BNS 65 Punishment
- BNS 65 bailable or not ?
- Bharatiya Nyaya Sanhita Section 65
- BNS Section 65 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 65 of BNS ?
BNS Section 65 is a legal provision under the Bharatiya Nyaya Sanhita that outlines the punishment for individuals convicted of raping minors. This section is particularly focused on protecting girls under the ages of 16 and 12 years by enforcing strict penalties, including lengthy imprisonment terms, fines for victim rehabilitation, and in some cases, the death penalty. It is a non-bailable, non-compoundable offense, reflecting the gravity of the crime.
BNS Section 65(1) in Simple Points
- Protection of Minors (16 Years and Below): BNS Section 65(1) is designed to protect minors, specifically those under the age of 16, from sexual violence.
- Severe Punishment: If someone is found guilty of raping a girl under 16 years, they face a minimum of 20 years of rigorous imprisonment.
- Life Imprisonment Possibility: The punishment can extend to life imprisonment, which means the offender could be imprisoned for the remainder of their natural life.
- Fine for Rehabilitation: In addition to imprisonment, the offender is liable to pay a fine. This fine must be reasonable and sufficient to cover the victim’s medical expenses and rehabilitation.
- Fine Paid to the Victim: The fine imposed under this section must be directly paid to the victim, ensuring that it aids in her recovery.
- Non-Bailable Offense: The offense is non-bailable, meaning the accused cannot be released on bail and will stay in custody until the trial concludes.
BNS Section 65(2) in Simple Points
- Protection of Younger Children (12 Years and Below): BNS Section 65(2) focuses on the protection of even younger children, specifically those under 12 years of age.
- Harsher Punishment: If someone is convicted of raping a girl under 12 years, they face a minimum of 20 years of rigorous imprisonment.
- Possibility of Death Penalty: The punishment can extend to life imprisonment or even the death penalty, depending on the severity of the crime.
- Fine Requirement: Just like in Section 65(1), the offender must also pay a fine. This fine is meant to help cover the victim’s medical treatment and rehabilitation.
- Fine Paid to the Victim: The fine must be paid directly to the victim to assist in her recovery and rehabilitation process.
- Non-Bailable and Non-Compoundable: The offense is non-bailable and non-compoundable, meaning the accused remains in custody and the case cannot be settled out of court.
Section 65 BNS Overview
BNS Section 65 is a legal provision that prescribes stringent punishments for the crime of rape, particularly focusing on cases where the victim is a minor under the age of sixteen or twelve. It mandates rigorous imprisonment, with the possibility of life imprisonment or even the death penalty in certain cases, and includes fines to support the victim’s rehabilitation and medical needs.
Imp Key – Points
- Legal Protection for Minors: BNS Section 65 provides stringent legal protection for minors, particularly girls under 16 and 12 years of age, against rape.
- Minimum Imprisonment of 20 Years: The section mandates a minimum imprisonment of 20 years for those convicted of raping a minor, underscoring the seriousness of the offense.
- Life Imprisonment: For offenders who rape a girl under 16 years, the punishment can extend to life imprisonment, meaning imprisonment for the remainder of the offender’s natural life.
- Death Penalty for Severe Cases: In cases where the victim is under 12 years, the law allows for the death penalty, reflecting the extreme gravity of such crimes.
- Fines for Rehabilitation: Offenders are required to pay fines that are just and reasonable, aimed at covering the victim’s medical and rehabilitation expenses.
- Direct Compensation to Victims: The fines collected from the offender are to be paid directly to the victim, ensuring that the compensation benefits the person who suffered.
- Non-Bailable Offense: The offense is non-bailable, ensuring that the accused remains in custody until the trial is concluded, preventing any potential harm to the victim or tampering with evidence.
- Cognizable Offense: The crime is cognizable, meaning the police can arrest the accused without a warrant, ensuring prompt action against the perpetrator.
- Non-Compoundable Offense: The offense cannot be settled out of court; it must be prosecuted, ensuring that justice is served in a public forum.
- Trial by Court of Session: The case is triable by a Court of Session, which handles serious criminal cases, ensuring that the matter is dealt with by a competent judicial body.
BNS 65 Punishment
Imprisonment: The punishment for offenders includes rigorous imprisonment for a minimum of 20 years, which can extend to life imprisonment.
Fine: Offenders are also subject to fines, which are intended to support the victim’s medical expenses and rehabilitation.
BNS 65 bailable or not ?
BNS Section 65 is non-bailable, meaning that the accused cannot be granted bail easily and will generally remain in custody until the trial is over.
Bharatiya Nyaya Sanhita Section 65
| Section | Offense | Punishment | Cognizable or Non-cognizable | Bailable or Non-bailable | Triable by Court |
|---|---|---|---|---|---|
| 65(1) | Rape of a woman under 16 years | Rigorous imprisonment (min. 20 years to life) + fine | Cognizable | Non-bailable | Court of Session |
| 65(2) | Rape of a woman under 12 years | Rigorous imprisonment (min. 20 years to life) or death + fine | Cognizable | Non-bailable | Court of Session |
BNS Section 65 FAQs
What is the minimum punishment under Section 65?
The minimum punishment is 20 years of rigorous imprisonment.
What happens if the victim is under 16 years old?
The offender may be sentenced to life imprisonment, meaning they will be imprisoned for the rest of their life.
What is the penalty if the victim is under 12 years old?
The offender could face life imprisonment or the death penalty.
Is the offense under Section 65 bailable?
No, it is a non-bailable offense.
What is the role of fines in Section 65?
Fines are imposed on the offender to cover the medical and rehabilitation costs of the victim, and they must be paid to the victim.
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