BNS Section 64 - Punishment For Rape

Section 64 of the Bharatiya Nyaya Sanhita (BNS) outlines the punishment for the crime of rape, prescribing rigorous imprisonment and a fine. For a general case of rape, the punishment is mandatory rigorous imprisonment for a minimum of ten years, which can be extended up to imprisonment for life, along with a fine. The law imposes an even harsher sentence for 'aggravated' rape, which involves specific circumstances like the perpetrator being a police officer, public servant, or a person in a position of trust or authority (like a relative, guardian, or hospital staff member), or if the victim is pregnant, mentally or physically disabled, or if grievous harm is caused. In these aggravated cases, the punishment is rigorous imprisonment for a minimum of ten years, which extends up to imprisonment for the remainder of that person's natural life, along with a fine. Furthermore, the BNS has separate, even more stringent sections (Section 65) for rape of minors, which may include punishment up to death.

Legal Provision

BNS Section 64 outlines the punishment for the offense of rape, distinguishing between general cases and a comprehensive list of aggravated, or more severe, circumstances.

Sub-Section (1): General Offense:

"Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine."

Sub-Section (2): Aggravated Offenses (Enhanced Punishment):

This subsection mandates a stricter punishment, rigorous imprisonment for a term that shall not be less than ten years but that may extend to imprisonment for the remainder of that person's natural life, and shall also be liable to a fine if the offender is any of the following:

1. A Police Officer who commits rape:
2. • Within the limits of their police station.
   • In the premises of any station house.
   • On a woman in their custody or the custody of an officer subordinate to them.
2. A Public Servant who commits rape on a woman in their custody or the custody of a public servant subordinate to them.
3. A member of the Armed Forces deployed in an area by the Central or State Government, who commits rape in that area.
4. On the management or staff of a jail, remand home, place of custody, or a women's or children's institution, who commits rape on any inmate.
5. On the management or staff of a hospital, who commits rape on a woman in that hospital.
6. A relative, guardian, or teacher of, or a person in a position of trust or authority towards the woman, who commits rape on such woman.
7. A person who commits rape during communal or sectarian violence.
8. A person who commits rape on a woman knowing her to be pregnant.
9. A person who commits rape on a woman incapable of giving consent.
10. A person who, being in a position of control or dominance over a woman, commits rape on her.
11. A person who commits rape on a woman suffering from a mental illness or physical disability.
12. A person who, while committing rape, causes grievous bodily harm or maims or disfigures or endangers the life of a woman.
13. A person who commits rape repeatedly on the same woman.

Illustration:

A, a relative of Z's family, is given the responsibility of dropping Z (who suffers from a physical disability) off at a specialist doctor every week. A uses this position of trust and Z's vulnerability to commit the offense of rape. A's act falls under clauses (f), (j), and (k) of BNS Section 64(2) (abuse of trust, dominance, and victim's disability), compelling the court to consider the highest possible punishment, imprisonment for the remainder of his natural life.

Simplified Explanation of BNS Section 64

This section clearly defines two levels of punishment for rape, making the crime more severely punishable when the victim is in a vulnerable state or the offender holds a position of power.

• Rape is a serious crime.
• The person found guilty must get at least 10 years in jail, and it can go up to life imprisonment.
• The court can also order the person to pay a fine.
• If the offender is a police officer, government servant, doctor, jail staff, or army member, or if he commits rape in places like a police station, hospital, or jail, the punishment becomes stricter, life imprisonment till death.
• This law aims to protect women and punish those who misuse power or trust.

Practical Examples

This section provides practical examples under BNS Section 64 to show how the law is applied in real-life situations.

Aggravated Rape (Abuse of Trust; BNS 64(2)(f) & Repeated Offense):

In Surat, October 2025, a man was arrested for repeatedly raping his 14-year-old daughter over a year. The police booked the accused under BNS Section 64(2)(f) (being a relative/guardian/person in a position of trust) and BNS Section 65 (dealing with rape of a woman under 16). The use of these aggravated sections reflects the enhanced culpability of a person misusing their familial trust and committing the offense repeatedly.

Aggravated Rape (Custodial Rape - BNS 64(2)(a)):

A police constable, P, sexually assaults a woman who was brought to the police station for questioning in a minor case. P, being a police officer and the woman being in police custody, is charged under BNS Section 64(2)(a), attracting the punishment of imprisonment for the remainder of his natural life, as he abused his official authority.

Recent Judgement (BNS 64(2)(m) - Repeated Rape):

While many cases are still being tried under the old IPC framework, the new BNS provisions like Section 64(2)(m) (repeated rape) reflect the Supreme Court's stringent stance in cases like Mukesh & Anr v. State (Nirbhaya Case, 2017). The new law directly provides for the maximum sentence for repeat offenders, reinforcing the judicial push for lifelong incarceration in such brutal and continuous acts.

Key Improvements and Changes: IPC 376 to BNS 64

The table below shows the main differences between IPC Section 376 and BNS Section 64. It highlights how the new law, Bharatiya Nyaya Sanhita (BNS), has made rape laws stricter, clearer, and more protective for victims. You will see key changes in punishment, definitions, and victim safeguards under the new legal framework.

Leading Judgements

You will see examples of general and aggravated rape cases, including abuse of trust, repeated offences, and crimes against minors.

1) Arshad Nassar v. State of Kerala (High Court, 22 Nov 2024)

Fact: In the case of Arshad Nassar v. State of Kerala, the complainant alleged that the accused, Arshad Nassar, had sexual relations with her under the promise of marriage over the period from October 1, 2023, to October 7, 2024. The police filed charges under BNS Section 64(2)(m) for aggravated rape, as the accused allegedly repeated the sexual acts and exploited the complainant’s trust.
Held: The High Court found sufficient prima facie evidence to invoke BNS Section 64(2)(m) and remanded the accused to judicial custody. The court emphasized that repeated sexual abuse, if proven, qualifies as an aggravated offence deserving strict punishment.

2) Rajkot Minor-Rape Case (2024)

Fact: In the Rajkot minor-rape case, a 23-year-old man was arrested for repeatedly raping a 17-year-old girl. The police charged the accused under BNS Section 64, including aggravated clauses, because the offender committed the crime multiple times and the victim was a minor. The repeated abuse made this an aggravated case under the new BNS provisions.
Held: The accused was placed under judicial custody, and charges were formally filed. The final judgment is not publicly available, but media reports show how BNS Section 64 is applied to repeated offences against minors.

3) Surat Minor-Abuse Case (October 2025)

Fact: In the Surat Minor-Abuse Case, a man was arrested for repeatedly raping his 14-year-old daughter over one year. The police invoked BNS Section 64(2)(f) for abuse of trust and BNS Section 65 for rape of a minor. This case shows aggravated circumstances where the offender misused familial authority and repeatedly violated the law.
Held: The accused was taken into custody and charged under the relevant BNS provisions. Final court orders are not publicly available, but this demonstrates the application of the law in aggravated cases involving minors and trust.