Introduction of BNS Section 64
BNS Section 64 addresses specific circumstances of rape involving individuals in positions of authority, trust, or those who exploit their power to commit the crime. It outlines the severe penalties applicable to such offenders, emphasizing the gravity of abusing power for sexual exploitation.
- Introduction of BNS Section 64
- What is section 64 of BNS ?
- BNS Section 64(1) in Simple Points
- BNS Section 64(2) in Simple Points
- Section 64 BNS Overview
- BNS 64 Punishment
- BNS 64 bailable or not ?
- Bharatiya Nyaya Sanhita Section 64
- BNS Section 64 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) in Simple Points
Section 64(1): Defines the punishment for general cases of rape, specifying rigorous imprisonment and fines, and categorizing the offense as cognizable and non-bailable.
Imp Key point
General Definition: Section 64(1) covers rape that is not committed by individuals in specific positions of authority, like police officers or public servants. It applies to general cases of rape.
Punishment: The section mandates rigorous imprisonment for a minimum of ten years, which may extend to life imprisonment depending on the severity of the offense. This ensures severe consequences for the crime.
Fine: Offenders are also liable to pay a fine in addition to the imprisonment, adding an extra layer of penalty.
Cognizable Offense: Rape under this section is classified as a cognizable offense, meaning the police can arrest the accused without a warrant and start an investigation immediately.
Non-Bailable: The offense is non-bailable, meaning the accused cannot easily obtain bail, reflecting the serious nature of the crime.
Court of Session: The case is triable in a Court of Session, which handles serious offenses and ensures a thorough judicial process.
BNS Section 64(2) in Simple Points
Section 64(2): Defines the enhanced punishment for rape committed by individuals in positions of authority, including specific environments and conditions where the crime is committed, with similar imprisonment and fine provisions but with added severity for abuse of power.
Imp Key point
Specific Offenders: Section 64(2) focuses on rape committed by individuals in positions of authority or trust, such as police officers, public servants, armed forces, or institutional staff.
Enhanced Punishment: The section prescribes rigorous imprisonment for not less than ten years, with the possibility of extending to life imprisonment. This reflects the serious abuse of power involved in these cases.
Additional Penalties: In addition to imprisonment, offenders under this section are also subject to fines, ensuring financial repercussions alongside incarceration.
Expanded Scope: The section includes rape committed in specific environments like police stations, jails, hospitals, or during communal violence, covering a wide range of circumstances where authority is misused.
Non-Bailable: Similar to Section 64(1), offenses under this section are non-bailable, emphasizing the gravity of rape committed by individuals in trusted positions.
Court of Session: Cases under this section are also triable in a Court of Session, ensuring that the serious nature of these offenses is properly adjudicated in higher courts.
Section 64 BNS Overview
Targeted at Specific Offenders: The section focuses on rape committed by those in positions of power, like police officers, public servants, armed forces, or institutional staff.
Enhanced Sentencing: The law mandates a minimum sentence of ten years, which can extend to life imprisonment, ensuring that severe penalties are imposed on offenders.
Inclusion of Various Contexts: It covers rape in different contexts, such as within police stations, jails, hospitals, or during communal violence, ensuring comprehensive protection for victims.
No Scope for Bail: Being a non-bailable offense, the accused cannot be easily released, ensuring they remain in custody during the trial.
Immediate Police Action: As a cognizable offense, police can take immediate action without needing a warrant, which helps in faster legal proceedings.
Life Imprisonment: The section allows for life imprisonment, meaning the offender could spend the rest of their natural life in prison, particularly for repeat offenders or aggravated circumstances.
Focus on Custodial Rape: It emphasizes the protection of women in custody or care, such as those in remand homes, orphanages, or hospitals, by imposing stricter penalties on those who violate this trust.
Accountability for Authority Figures: The law holds individuals in positions of trust or authority, like teachers or guardians, accountable for any sexual exploitation, with severe consequences.
Clear Definitions: Terms like “armed forces,” “hospital,” and “institution” are clearly defined within the section to ensure there is no ambiguity in applying the law.
Deterrence Against Power Abuse: The stringent punishments serve as a strong deterrent against the abuse of power for sexual exploitation, reinforcing the importance of integrity in positions of authority.
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.
Bharatiya Nyaya Sanhita Section 64
| Section | Offense | Punishment | Cognizable or Non-Cognizable | Bailable or Non-Bailable | Court |
|---|---|---|---|---|---|
| 64(1) | Rape by individuals in authority (police, public servants, etc.) | Rigorous imprisonment not less than 10 years, may extend to life imprisonment, and fine | Cognizable | Non-Bailable | Court of Session |
| 64(2) | Rape in custody, hospitals, institutions, or during communal violence | Rigorous imprisonment not less than 10 years, may extend to life imprisonment, and fine | Cognizable | Non-Bailable | Court of Session |
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.
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