Punishment for rape in certain cases
AI Assist
Summary
Raping a woman under sixteen attracts rigorous imprisonment for at least twenty years and may extend to life imprisonment (meaning imprisonment for the remainder of the offender's natural life), plus a fine. The fine must be just and reasonable to meet the victim's medical expenses and rehabilitation, and must be paid to the victim. If the victim is under twelve, the same minimum term applies but the sentence may include death.
Example
Priya, age 15, is raped by Arjun. Arjun can be sentenced to rigorous imprisonment for not less than twenty years and possibly life imprisonment, and must pay a just fine to cover Priya's medical treatment and rehabilitation, with that fine paid to Priya.
Bare Act
Enacted text(1) Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine;
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim;
Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine or with death;
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim;
Provided further that any fine imposed under this section shall be paid to the victim.
BNSS Classification
- 65(1) – Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and fine..
- 65(2) – Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine or death.
- Cognizable
- Non-bailable
- Triable by Court of Session
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