Bharatiya Nyaya Sanhita 2023
Section 65 :
Punishment for rape in certain cases :
(See section 376AB of IPC 1860)
Section : 65(1)
Classification of Offence:
Offence : Persons committing offence of rape on a woman under sixteen years of age.
Punishment : Rigorous imprisonment for a term which shall not be 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.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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Section : 65(2)
Classification of Offence:
Offence : Punishment for rape of rape on a woman under twelve years of age.
Punishment : Rigorous imprisonment of not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for that person’s natural life and with fine or death.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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(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.
Indian Penal Code 1860 (IPC 1860)
Section 376 AB :
1.[Punishment for rape on woman under twelve years of age :
(See section 65(2) of BNS 2023)
Classification of Offence:
2.(Offence : Person committing an offence of rape on a woman under twelve years of age.
Punishment : Rigorous imprisonment of not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that persons natural life and with fine or with death.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.)
Whoever, commits rape on 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 the 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 section shall be paid to the victim.]
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1.Inserted Section 376-AB by the Criminal Law (Amendment) Act, 2018 (No.22 of 2018), Sec. 5. Published in the Gazette of India, Extra, Part II, Sec. 1 dated 11-08-2018.
2.Inserted Enteries in first schedule by the Criminal Law (Amendment) Act, 2018 (No.22 of 2018), Sec. 24(b). Published in the Gazette of India, Extra, Part II, Sec. 1 dated 11-08-2018.