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LawpatraLawpatra
BNS, 2023
Start Practicing
BNSChapter VSection 70
Section70

Gang rape

AI Assist

Summary

When a woman is raped by one or more persons acting as a group or with a common intention, each participant is treated as having committed rape. The normal punishment is rigorous imprisonment for not less than twenty years and up to life (meaning the remainder of natural life), plus a fine to cover medical and rehabilitation costs payable to the victim. If the victim is under eighteen, punishment is life imprisonment (natural life) or death, with a similar fine.

Example

Meera is attacked and raped by Rohan, Karan and one other who acted together. Each of them will be held to have committed rape and face at least twenty years rigorous imprisonment and a fine that must be paid to Meera for her medical and rehabilitation needs.

Bare Act

Enacted text

(1) Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with 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) Where a woman under eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with 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 sub-section shall be paid to the victim.

BNSS Classification

  • 70(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.
  • 70(2) – Imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine or with death.
  • Cognizable
  • Non-bailable
  • Triable by Court of Session
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V

Chapter V

Of Offences Against Woman And Children

In this chapter

  • 63Rape
  • 64Punishment for rape
  • 65Punishment for rape in certain cases
  • 66Punishment for causing death or resulting in persistent vegetative state of victim
  • 67Sexual intercourse by husband upon his wife during separation
  • 68Sexual intercourse by a person in authority
  • 69Sexual intercourse by employing deceitful means etc
  • 70Gang rape
  • 71Punishment for repeat offenders
  • 72Disclosure of identity of the victim of certain offences, etc
  • 73Printing or publishing any matter relating to Court proceedings without permission
  • 74Assault or criminal force to woman with intent to outrage her modesty
  • 75Sexual harassment
  • 76Assault or use of criminal force to woman with intent to disrobe
  • 77Voyeurism
  • 78Stalking
  • 79Word, gesture or act intended to insult the modesty of a woman
  • 80Dowry death
  • 81Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
  • 82Marrying again during lifetime of husband or wife
  • 83Marriage ceremony fraudulently gone through without lawful marriage
  • 84Enticing or taking away or detaining with criminal intent a married woman
  • 85Husband or relative of husband of a woman subjecting her to cruelty
  • 86Cruelty defined
  • 87Kidnapping, abducting or inducing woman to compel her marriage, etc
  • 88Causing miscarriage
  • 89Causing miscarriage without woman’s consent
  • 90Death caused by act done with intent to cause miscarriage
  • 91Act done with intent to prevent child being born alive or to cause it to die after birth
  • 92Causing death of quick unborn child by act amounting to culpable homicide
  • 93Exposure and abandonment of child under twelve years, by parent or person having care of it
  • 94Concealment of birth by secret disposal of dead body
  • 95Hiring, employing or engaging a child to commit an offence
  • 96Procuration of child
  • 97Kidnapping or abducting child under ten years with intent to steal from its person
  • 98Selling child for purposes of prostitution, etc
  • 99Buying child for purposes of prostitution, etc
Previous · Section 69Sexual intercourse by employing deceitful means etcNext · Section 71Punishment for repeat offenders