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BNS 2024ACTIVE FRAMEWORK

Section 64

Punishment for Rape

Replaces colonial-era: IPC 376

Non-BailableCognizable: YesCourt of Session (By Woman Magistrate wherever possible)

Reform Highlights

1

Chapter V on offences against women placed earlier in the BNS code structure, signalling legislative priority.

2

Retention of stringent minimums from the 2013 amendments (10-year floor).

3

Mandatory trial by woman judge/magistrate introduced as a procedural safeguard.

4

Death penalty codified for rape resulting in death or persistent vegetative state.

THE STATUTE

The Clause

(1) Whoever commits rape shall be punished with rigorous imprisonment 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.

Legal Commentary

Section 64 carries one of the heaviest mandatory minimum sentences in the Indian penal code — a floor of 10 years rigorous imprisonment, with the ceiling at life. The section is structured in multiple sub-clauses that escalate punishment for aggravated forms of rape: rape by a police officer, public servant, or armed forces personnel in their official capacity can attract life imprisonment; rape of a woman under the offender's custody is treated similarly; and rape committed during communal violence is specifically addressed. Where the victim dies or is left in a persistent vegetative state, punishment can extend to death. This escalating structure reflects Parliament's recognition that rape is not a monolithic offence — the abuse of power by those meant to protect makes certain rapes categorically more egregious. The requirement that trials be conducted by a woman Sessions Judge or Magistrate wherever possible is a procedural reform acknowledging the sensitivity of rape trials and the documented reluctance of victims to testify before male judges. The BNS also inherits the 2013 Criminal Law Amendment Act's expansions: a broader definition of rape, removal of marital rape immunity for separated spouses, and extension of the offence to cover a wider range of non-consensual penetrative acts.

Landmark Precedents

Tukaram v. State of Maharashtra (Mathura Case) (1979)

AIR 1979 SC 185
RELEVANCE

The acquittal of police officers in this custodial rape case catalysed India's feminist legal reform movement and ultimately led to the 1983 amendment to IPC 376.

Mukesh v. State for NCT of Delhi (Nirbhaya) (2017)

(2017) 6 SCC 1
RELEVANCE

Supreme Court confirmed death sentences for the gang rapists, reaffirming the 'rarest of rare' doctrine's application to gang rape resulting in death.

State of Punjab v. Gurmit Singh (1996)

(1996) 2 SCC 384
RELEVANCE

Established that a victim's testimony in rape cases, if credible, needs no corroboration — a major shift in how rape trials are conducted.

Case Simulations

"A police officer who rapes a woman in custody — minimum life imprisonment under the aggravated category for public servants."
"A man who drugs and rapes an acquaintance at a party — minimum 10 years RI under BNS 64(1)."
"A gang rape victim who is left brain-dead — the offenders face the death penalty under the applicable sub-section."
"A repeat rape offender — mandatory minimum of life imprisonment for second conviction."

Expert Insights

10 years of rigorous imprisonment. For aggravated categories (rape of a woman under 16, rape by a person in authority, repeat offenders), the minimum is higher and may extend to life imprisonment.
BNS 63 still contains an exception for sexual intercourse by a husband with his wife above 18 years. However, if spouses are separated, it constitutes rape. The marital rape exception has been challenged before the Supreme Court and remains contested.
The definition in BNS 63 refers to acts committed by 'a man' — so a woman cannot be the principal offender. However, a woman can be convicted as an abettor or conspirator to rape.