Introduction of Section 65 BNS
Section 65 BNS of the Bharatiya Nyaya Sanhita (BNS) lays down the strictest punishments for rape committed against minors. It focuses on two categories—rape of girls below 16 years and rape of girls below 12 years. The section ensures justice through minimum 20 years rigorous imprisonment, life imprisonment for the rest of natural life, and even the death penalty in the gravest cases.
- Introduction of Section 65 BNS
- What is section 65 of BNS ?
- BNS Section 65(1) – Rape of Girls Below 16 Years
- BNS Section 65(2) – Rape of Girls Below 12 Years
- Section 65 BNS Overview
- Key Points Explained
- BNS 65 Punishment
- BNS 65 bailable or not ?
- Bharatiya Nyaya Sanhita Section 65
- BNS Section 65 FAQs
- Need Legal Support?
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) – Rape of Girls Below 16 Years
BNSS Section 65(1) lays down strong legal safeguards for minors under the age of 16. It recognizes the vulnerability of children and imposes severe punishments on offenders, ensuring both justice for the victim and deterrence for society.
1. Protection of Minors (16 Years and Below)
This section is aimed at protecting girls under 16 years from sexual assault. The law treats all such cases with utmost seriousness and ensures offenders face the harshest consequences.
2. Severe Punishment
Anyone convicted of raping a girl under 16 is sentenced to a minimum of 20 years of rigorous imprisonment. This strict baseline ensures no offender escapes with a light sentence.
3. Life Imprisonment Possibility
The punishment can extend to life imprisonment, which means the offender could remain in prison for the rest of their natural life. This is applied in cases where the assault is brutal or aggravated.
4. Fine for Rehabilitation
In addition to imprisonment, the offender must also pay a fine. This is intended to support the victim’s medical treatment, trauma care, and rehabilitation needs.
5. Fine Paid to the Victim
The fine is not symbolic—it must be paid directly to the victim. This ensures financial aid reaches the survivor quickly to help her recovery.
6. Non-Bailable Offense
The offence is non-bailable, meaning the accused cannot secure bail easily and must remain in custody during the trial. This protects the victim from threats or pressure.
BNS Section 65(2) – Rape of Girls Below 12 Years
BNSS Section 65(2) provides the harshest punishments under Indian rape laws for cases where the victim is a minor below 12 years of age. It recognizes the extreme vulnerability of children and ensures that offenders face maximum penalties, including the death penalty in the most severe cases.
1. Protection of Younger Children (12 Years and Below)
This section is aimed at protecting the youngest and most vulnerable victims. Any sexual assault on a girl below 12 years is treated with the highest severity under the law.
2. Harsher Punishment
The offender faces a minimum punishment of 20 years of rigorous imprisonment. This ensures that no one convicted of this crime can escape with a light sentence.
3. Possibility of Death Penalty
Depending on the severity of the case, punishment can be extended to life imprisonment (for the rest of the offender’s natural life) or even the death penalty. This reflects society’s zero tolerance toward crimes against children.
4. Fine Requirement
Along with imprisonment, the offender must also pay a fine. This ensures that the punishment has both penal and financial consequences.
5. Fine Paid to the Victim
The fine collected is to be given directly to the victim (or her guardian) to help with medical care, trauma recovery, and rehabilitation expenses. This provision focuses on the victim’s welfare.
6. Non-Bailable and Non-Compoundable
The offence is non-bailable (the accused cannot easily get bail) and non-compoundable (the case cannot be withdrawn or privately settled). This guarantees that justice is delivered in court.
Section 65 BNS Overview
BNSS Section 65 provides special protection for minors, prescribing the harshest penalties under Indian criminal law for cases of rape where the victim is a girl under 16 or 12 years of age. The law recognizes that crimes against children are particularly heinous and therefore deserve severe, uncompromising punishments, including life imprisonment or the death penalty.
10 Key Points : BNS 65
1. Legal Protection for Minors
This section focuses exclusively on rape of minors—girls below the age of 16 and 12. It reflects the law’s special responsibility to protect children, who are most vulnerable to exploitation.
2. Minimum Imprisonment of 20 Years
For raping a girl below 16 years of age, the law mandates a minimum of 20 years of rigorous imprisonment. This ensures that such offenders cannot escape with light sentences.
3. Life Imprisonment
In many cases, punishment can be extended to life imprisonment, meaning the offender will remain in jail for the rest of their natural life. This is applied in particularly brutal or repeat offences.
4. Death Penalty for Severe Cases
If the victim is under 12 years of age, the offence becomes one of the gravest crimes under BNSS. In such cases, courts are empowered to impose the death penalty. This provision highlights the extreme seriousness with which the law views such crimes.
5. Fines for Rehabilitation
Along with imprisonment, the offender must pay fines. These are not symbolic but are meant to support the medical expenses, trauma care, and rehabilitation of the victim.
6. Direct Compensation to Victims
The fine imposed is to be paid directly to the victim, ensuring that the child or her family receives compensation without bureaucratic delays. This provision centers the victim’s welfare within the justice system.
7. Non-Bailable Offense
The offence is non-bailable, meaning the accused cannot be easily released during trial. This prevents further threats to the victim or interference with witnesses and evidence.
8. Cognizable Offense
It is a cognizable offence, allowing police to register an FIR and arrest the accused without a warrant. This ensures swift action in cases where time is critical.
9. Non-Compoundable Offense
Such cases cannot be settled privately or withdrawn. Once reported, they must go through a public trial, ensuring that offenders face justice and such crimes are not hidden from society.
10. Trial by Court of Session
Cases under Section 65 are tried in the Court of Session, which is empowered to deal with the most serious criminal matters. This ensures that justice is delivered by higher judicial authorities with the power to impose maximum punishments.
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.
65 BNS bailable or non bailable
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.
Comparison: BNS Section 65 vs IPC Sections 376AB / 376DA / 376DB
| Section | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 65 | Rape of a woman under 18 years, including aggravated forms such as gang rape. Covers stringent provisions for sexual assault against minors. | Rigorous imprisonment not less than 20 years, which may extend to life imprisonment (for entire natural life), and in extreme cases, death penalty; plus fine. | Non-Bailable | Cognizable | Sessions Court |
| IPC Section 376AB | Rape of a girl under 12 years of age (introduced through Criminal Law Amendment Act, 2018). | Rigorous imprisonment not less than 20 years, which may extend to life imprisonment, or death penalty; plus fine. | Non-Bailable | Cognizable | Sessions Court |
| IPC Section 376DA | Gang rape of a girl under 16 years of age. | Imprisonment for life (remainder of natural life) and fine. | Non-Bailable | Cognizable | Sessions Court |
| IPC Section 376DB | Gang rape of a girl under 12 years of age. | Imprisonment for life (entire natural life) or death penalty; plus fine. | Non-Bailable | Cognizable | Sessions Court |
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.
Conclusion
BNS Section 65 is one of the most stringent provisions in Indian criminal law. By prescribing 20 years to life imprisonment and even the death penalty for offenders, it recognizes the extreme seriousness of sexual crimes against children. The section ensures that victims are supported with fines directed to their rehabilitation while keeping offenders behind bars without bail. This law sends a clear message: crimes against minors will face the harshest consequences under the justice system.
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Finished with BNS 65 ? 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