Introduction of BNS Section 64
BNS Section 64 of the Bharatiya Nyaya Sanhita (BNS) is one of the most important provisions dealing with the crime of rape. It focuses on cases where rape is committed by individuals in positions of authority, trust, or care—such as police officers, public servants, doctors, armed forces personnel, or institutional caretakers. This section recognizes that such crimes are not just acts of sexual violence but also a serious abuse of power, and therefore imposes stricter punishments.
The Bharatiya Nyaya Sanhita (BNS) Section 64 replaces the old Indian Penal Code (IPC) Section 376.
- Introduction of BNS Section 64
- What is section 64 of BNS ?
- BNS Section 64(1) – Punishment for General Rape
- BNS Section 64(2) -Enhanced Punishment for Rape by Persons in Authority
- Section 64 BNS Overview
- BNS 64 Punishment
- BNS 64 bailable or not ?
- Bharatiya Nyaya Sanhita Section 64
- BNS Section 63 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 64 of BNS ?
BNS Section 64 defines the offense of rape committed by individuals in positions of authority, such as police officers, public servants, or others who use their influence to exploit victims. The section prescribes stringent punishments, including rigorous imprisonment and fines, to ensure justice for victims and deter such crimes.
BNS Section 64(1) – Punishment for General Rape
BNSS Section 64(1) prescribes the punishment for general cases of rape where the offender is not in a position of special authority (like police officers, doctors, or armed forces personnel). It ensures that rape is always treated as a serious, non-bailable, and cognizable offence with strict penalties.
1. General Definition
This section applies to general cases of rape, where the offender is an ordinary individual and not acting in a position of power or authority. It is the standard punishment framework for rape under BNS.
1. General Definition
The offender is given rigorous imprisonment for a minimum of 10 years, which may extend to life imprisonment, depending on the severity of the crime. This ensures that rape is punished with some of the harshest penalties in criminal law.
3. Fine
In addition to imprisonment, the offender is also liable to pay a fine. The fine is intended to provide some financial penalty and, in many cases, may also be directed as compensation for the victim.
4. Cognizable Offense
Rape under this section is a cognizable offence, meaning police can arrest the accused without a warrant and begin investigation immediately. This helps in taking swift legal action against the offender.
5. Non-Bailable
It is a non-bailable offence, which means the accused cannot easily get bail and must remain in custody during trial, reflecting the gravity of the crime and protecting victims from intimidation.
6. Court of Session
Cases under Section 64(1) are triable in a Sessions Court, which handles serious criminal offences. This ensures that the case is heard by a higher court with the authority to impose severe punishments.
BNS Section 64(2) -Enhanced Punishment for Rape by Persons in Authority
BNSS Section 64(2) focuses on situations where rape is committed by individuals in positions of authority or trust, such as police officers, armed forces personnel, public servants, doctors, or institutional caretakers. It recognizes that such crimes are not only acts of violence but also abuses of power, and therefore require stricter punishment.
1. Specific Offenders
This section applies to police officers, public servants, members of armed forces, jail or hospital staff, and institutional caretakers. These are individuals expected to protect, guide, or care for people, but when they commit rape, it becomes a far more serious offence.
2. Enhanced Punishment
The law prescribes rigorous imprisonment of not less than 10 years, which may extend to life imprisonment (for the rest of natural life in severe cases). This reflects the gravity of betraying trust and misusing authority.
3. Additional Penalties
Apart from imprisonment, offenders are also subject to fines, ensuring that they face financial punishment along with incarceration. This adds another layer of accountability.
4. Expanded Scope
Section 64(2) applies in specific environments where authority is misused, such as:
- Police stations and lock-ups
- Prisons or jails
- Hospitals
- Women’s shelters, orphanages, or care institutions
- During communal or sectarian violence
This wide scope ensures protection for women in vulnerable situations.
5. Non-Bailable
The offence is non-bailable, meaning the accused cannot easily get bail. This prevents them from using their position of influence to intimidate victims or interfere with justice.
6. Court of Session
Cases under this section are tried in a Sessions Court, which handles the most serious criminal offences. This ensures that such crimes are given the highest level of judicial attention.
Section 64 BNS Overview
BNSS Section 64 provides enhanced punishment for rape committed by specific categories of offenders, especially those in positions of power, trust, or authority. The law recognizes that such crimes involve not just physical assault but also a betrayal of trust, making them more heinous than ordinary cases of rape.
This section ensures that women are protected from exploitation by police officers, public servants, armed forces, institutional staff, and others who misuse their authority.
BNSS Section 64 :10 Key Points
1. Targeted at Specific Offenders
The section specifically covers rape committed by police officers, public servants, members of armed forces, jail/hospital staff, or institutional caretakers. These are people who hold power or authority over victims and are therefore expected to act responsibly.
2. Enhanced Sentencing
Unlike ordinary rape (minimum 7 years under Section 63), aggravated rape under this section carries a minimum punishment of 10 years, which may extend to life imprisonment. In severe cases, life imprisonment can mean imprisonment for the rest of the offender’s natural life.
3. Inclusion of Various Contexts
The law applies to multiple scenarios, such as:
- Rape in police stations or lock-ups.
- Rape in prisons, remand homes, or women’s shelters.
- Rape in hospitals by doctors or staff.
- Rape during communal or sectarian violence.
This ensures comprehensive protection for women in vulnerable situations.
4. No Scope for Bail
Rape under this section is non-bailable, which means the accused cannot easily obtain bail and must remain in custody during trial. This prevents misuse of power to influence or intimidate victims.
5. Immediate Police Action
As a cognizable offence, police can register an FIR and arrest the accused without a warrant. This helps in immediate legal action and prevents delays in justice.
6. Life Imprisonment
For aggravated circumstances, especially repeat offenders or those causing extreme harm, the punishment can be life imprisonment for the rest of the offender’s natural life, ensuring they never return to society.
7. Focus on Custodial Rape
The law gives special attention to custodial rape, where women are under the custody or care of institutions. This includes prisons, protective homes, orphanages, hospitals, or remand homes. Since such women are already vulnerable, stricter punishment is imposed on those who exploit them.
8. Accountability for Authority Figures
The section also covers other positions of authority like teachers, guardians, or staff in institutions, holding them accountable for any abuse of power leading to sexual exploitation.
9. Clear Definitions
The law provides precise definitions of terms like “armed forces,” “hospital,” and “institution” to avoid ambiguity. This makes it easier for courts to apply the law fairly and consistently.
10. Deterrence Against Power Abuse
By imposing strict punishments and life imprisonment, the section acts as a strong deterrent against the misuse of power. It reinforces the principle that those in authority must protect, not exploit, those under their care.
BNS 64 Punishment
Imprisonment: Offenders under BNS Section 64 face rigorous imprisonment for not less than ten years, with the possibility of life imprisonment, depending on the severity and circumstances of the crime.
Fine: In addition to imprisonment, offenders are also liable to pay a fine, which serves as a further penalty and deterrent against such crimes.
BNS 64 bailable or not ?
BNS Section 64 is a non-bailable offense, meaning that individuals accused under this section cannot be easily released on bail, reflecting the seriousness of the crime and ensuring that the accused remains in custody during the trial.
Comparison: BNS Section 64 vs IPC Section 376
| Section | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 64 (1) | Rape by ordinary persons (penetrative sexual assault without consent). Covers serious non-consensual sexual acts. | Rigorous imprisonment not less than 10 years, may extend to life imprisonment; and fine. | Non-Bailable | Cognizable | Sessions Court |
| BNS Section 64 (2) | Aggravated rape by persons in authority or in custody (police, public servants, armed forces, prison/hospital staff, institutional caretakers) or rape during communal/sectarian violence. | Rigorous imprisonment not less than 10 years, may extend to life imprisonment (in severe cases life for whole natural life); and fine. | Non-Bailable | Cognizable | Sessions Court |
| IPC Section 376 (Old) | Rape under the IPC: sexual intercourse by a man with a woman without her consent (as defined under IPC 375). | Punishment generally ranged from minimum 7 years to life imprisonment plus fine. Aggravated cases (custodial rape, public servant, hospital staff, gang rape, etc.) attracted higher minimums (often 10 years) and life in severe instances. | Non-Bailable | Cognizable | Sessions Court |
BNS Section 64 FAQs
What is BNS Section 64?
BNS Section 64 deals with rape committed by individuals in positions of authority or trust, such as police officers, public servants, or institutional staff, prescribing stringent punishments for these crimes.
What is the minimum punishment under BNS Section 64?
The minimum punishment is ten years of rigorous imprisonment, which may extend to life imprisonment, along with fines.
Is rape under BNS Section 64 a bailable offense?
No, rape under BNS Section 64 is a non-bailable offense, meaning the accused cannot easily obtain bail.
Does BNS Section 64 apply to crimes committed in institutions?
Yes, the section applies to rape committed in institutions like jails, remand homes, hospitals, and other places where the victim is in a vulnerable position.
What is the punishment for repeat offenders under BNS Section 64?
Repeat offenders may face life imprisonment, meaning they could spend the rest of their natural life in prison.
Does BNS Section 64 cover rape during communal violence?
Yes, the section includes provisions for rape committed during communal or sectarian violence, with strict penalties to address these serious offenses.
Conclusion
BNS Section 64 introduces a stricter and more detailed framework against rape compared to the old IPC Section 376. It not only defines ordinary and aggravated forms of rape but also prescribes harsher punishments, including life imprisonment for the most serious cases. By expanding accountability to persons in authority and custodial environments, this provision strengthens protection for women and ensures stronger deterrence. Overall, Section 64 reflects India’s intent to provide stricter justice, safeguard victims, and uphold dignity through more comprehensive legal safeguards.
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Finished with BNS 64 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS Section 63 : Rape .
- https://marriagesolution.in/bns_section/bns-section-63/
- BNS Section 65 : Punishment for rape in certain cases.
- https://marriagesolution.in/bns_section/section-65-bns/
- BNS Section 66 : Punishment for causing death or resulting in persistent vegetative state of victim
- https://marriagesolution.in/bns_section/bns-66/
- BNS Section 67 : Sexual intercourse by husband upon his wife during separation or by a person in authority.
- https://marriagesolution.in/bns_section/bns-67/
- BNS Section 68 : Sexual intercourse by a person in authority.
- https://marriagesolution.in/bns_section/bns-68/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list