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BNS Section 66 - Punishment For Causing Death Or Resulting In Persistent Vegetative State Of Victim

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BNS Section 66 specifically addresses the punishment when a husband causes the death or leaves his wife in a persistent vegetative state while committing certain sexual offenses defined under Section 64 of the Bharatiya Nyaya Sanhita, 2023. This section is important as it highlights the law's strict stance on protecting women’s bodily autonomy and preventing grievous harm caused by the husband during the course of such offenses. BNS Section 66 serves as the successor to IPC Section 376A, reflecting updated provisions that provide clearer and harsher penalties within the new legal framework concerning offenses against one’s own wife.

We will cover in this blog:

  • Meaning and Scope of BNS Section 66
  • Simplified Explanation of the Provision
  • Punishments Prescribed Under BNS Section 66
  • Difference Between IPC Section 376A and BNS Section 66
  • Practical Examples for Better Understanding
  • Key Improvements Introduced in the New Law
  • Frequently Asked Questions (FAQs) on BNS Section 66

Simplified Explanation of BNS Section 66

Under this section, if a husband commits an offense punishable under Section 64 (which covers various sexual offenses) and in the process causes physical injury that either results in the death of his wife or leaves her in a persistent vegetative state, he faces severe punishment. The law mandates a minimum rigorous imprisonment of 20 years, which can extend to life imprisonment (for the remainder of his natural life) or even the death penalty in the gravest cases. The “persistent vegetative state” means the wife remains permanently unconscious and unable to function, highlighting that irreversible harm short of death is equally punishable.

Legal Classification & Procedural Details under BNS Section 66

Aspect

Details under BNS Section 66

Offense

When a husband, while committing a sexual offence under BNS Section 64, causes his wife’s death or leaves her in a persistent vegetative state.

Punishment

Minimum 20 years rigorous imprisonment, extendable to life imprisonment (till natural life) or death penalty in the most serious cases.

Cognizable / Non-Cognizable

Cognizable - Police can arrest without a warrant due to the grave nature of the offence.

Bailable / Non-Bailable

Non-bailable - The severity of the punishment makes bail difficult and generally not allowed.

Triable By

Court of Session - Due to the gravity of the offence and the possibility of life imprisonment or the death penalty.

Compoundable / Non-Compoundable

Non-compoundable - The case cannot be withdrawn, settled, or compromised between the parties.

Replaced Which Section?

IPC Section 376A - BNS Section 66 is the modern, revised provision under the Bharatiya Nyaya Sanhita, replacing IPC 376A with clearer language and stricter penalties.

Purpose of the Section

To protect women within marriage, punish extreme sexual violence by husbands, and ensure accountability for irreversible physical and mental harm.

Practical Examples Illustrating BNS Section 66:

  • A husband forcibly commits a sexual offense on his separated wife, causing injuries that lead to her death. Under Section 66, he faces imprisonment of at least 20 years, life imprisonment, or the death penalty.
  • In another instance, the husband's actions during the commission of a sexual offense leave the wife permanently unconscious in a vegetative state, making him liable for similar severe punishment.

Key Improvements and Changes: IPC 376A to BNS 66:

  • The scope has been sharpened to explicitly reference harm caused to the wife, affirming protections within the marital context.
  • The definition of harm includes both death and a persistent vegetative state, expanding the recognized outcomes worthy of punishment.
  • The punishment structure is reinforced, emphasizing victim-centric justice with a minimum 20-year sentence and potential capital punishment.
  • These changes strengthen victim rights under a modern legal codification, reflecting societal calls for better protection of women, including within marriage.

Frequently Asked Questions

Q1. Why was IPC 376A revised and replaced with BNS Section 66?

The revision was done to clearly include cases involving the husband causing severe harm- including death or persistent vegetative state- to his wife during sexual offenses, enhancing victim protection under a modern, unified criminal law.

Q2. What are the main differences between IPC 376A and BNS Section 66?

BNS Section 66 explicitly names the wife as the victim and includes persistent vegetative state as an outcome. It introduces stronger penalties aligned with contemporary legal standards and broader victim protections.

Q3. Is BNS Section 66 a bailable or non-bailable offense?

It is a non-bailable offense given its serious nature.

Q4. What is the punishment for the offense under BNS Section 66?

Minimum rigorous imprisonment of 20 years, extendable to life imprisonment or the death penalty.

Q5. Is the offense under BNS Section 66 cognizable or non-cognizable?

It is cognizable, allowing police to take immediate action without court permission.

About the Author
Adv. Jyoti Dwivedi Tripathi
Adv. Jyoti Dwivedi Tripathi Writer | Researcher View More

Jyoti Dwivedi Tripathi, Advocate, completed her L.L.B from Chhatrapati Shahu Ji Maharaj University, Kanpur, and her LL.M from Rama University, Uttar Pradesh. She registered with the Bar Council of India in 2015 and specialised in IPR as well as civil, criminal, and corporate law. Jyoti writes research papers, contributes chapters to pro bono publications, and pens articles and blogs to break down complex legal topics. Her goal through writing is to make the law clear, accessible, and meaningful for all.

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