Section 65 fixes an enhanced punishment for rape committed on a child. Sub-section (1) applies where the victim is under sixteen years of age: rigorous imprisonment for a term of not less than twenty years, extendable to imprisonment for life meaning imprisonment for the remainder of the person's natural life, and fine, with the fine required to be just and reasonable to meet the victim's medical expenses and rehabilitation, and payable to the victim. Sub-section (2) applies where the victim is under twelve years of age: the same minimum term of rigorous imprisonment, extendable to imprisonment for life meaning the remainder of the person's natural life, with fine on the same terms, or with death.
Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 65(1) to old IPC Section 376(3) and Section 65(2) to old IPC Section 376AB, and cross-checked against the bare text of the Sanhita. Both old provisions were inserted into the IPC by later amendment, after its original 1860 text; the category shown below is Substantively changed:
| BNS 65 | Covers | IPC, 1860 equivalent | Category |
|---|---|---|---|
| 65(1) | Punishment for rape on a woman under sixteen years of age | S.376(3) | Substantively changed |
| 65(2) | Punishment for rape on a woman under twelve years of age | S.376AB “Punishment for rape on woman under twelve years of age” | Substantively changed |
The IPC wording of Sections 376(3) and 376AB, as inserted after 1860, is not reproduced on this page, so no word-by-word comparison with the immediately prior IPC text is stated here; readers who need that comparison should consult the amended IPC directly.
(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 sub-section shall be paid to the victim.
Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
This sub-section significantly increases the minimum sentence for rape (as defined in Section 63) where the victim is under sixteen years of age, raising the floor from the ten years generally applicable under Section 64 to twenty years, with the maximum extending to imprisonment for the remainder of the offender's natural life. It also imposes specific conditions on the accompanying fine: the fine must be calculated to be just and reasonable so as to meet the victim's medical expenses and rehabilitation needs, and, any fine imposed under this sub-section must be paid directly to the victim.
This sub-section applies the same minimum and maximum terms of imprisonment as sub-section (1), but for the still younger and more vulnerable category of victims under twelve years of age, and adds death as an available punishment alongside, rather than in place of, the fine. The same conditions on the fine (that it be just and reasonable to meet medical expenses and rehabilitation, and that it be paid to the victim) apply here as well.
These judgment(s) relate to Section 65 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.
A man of about twenty-five was convicted by a special court of having sexual intercourse with a girl who was only fourteen; the relationship had produced a child. The Calcutta High Court acquitted him of the abduction-type charges and then went further. Describing the relationship as a “non-exploitative” consensual one between adolescents, and noting that the girl's own family had disowned her while the accused was caring for her and the baby, it used its constitutional and inherent powers (Article 226 and Section 482 of the old Code of Criminal Procedure) to set aside the rape and POCSO convictions as well. The State appealed, and the Supreme Court also took the matter up on its own motion.
Section 65 fixes the punishment for rape of a girl under sixteen (sub-section (1)) or under twelve (sub-section (2)); whether an act with a girl under eighteen is rape in the first place is decided by the sixth description in Section 63, which applies “with or without her consent.” The Supreme Court applied the same rule in its older IPC form (clause “sixthly” of Section 375): where the girl is under eighteen, her consent makes no difference, so it did not matter that the relationship may have been romantic or consensual. The Court also held that a High Court cannot use Article 226 or Section 482 to acquit an accused whose guilt has been proved, however sympathetic the circumstances seem. It set the High Court's order aside to that extent and restored the convictions, including the one under Section 376(3) of the IPC (the predecessor of Section 65(1)), leaving the question of sentence for a later hearing after a report from an expert committee on the victim's rehabilitation.
Currency check: decided August 2024, applying the IPC provisions in force when the offence occurred (2018); the same rules now sit in Sections 63 and 65 of the Sanhita. Nothing in the materials reviewed indicates it has been overruled or modified.
Section 65 raises the minimum term to twenty years, rather than the ten years generally applicable under Section 64, where the victim is under sixteen or under twelve, and adds specific conditions on how any fine must be calculated and paid.
No. Both sub-sections expressly require that any fine imposed be paid to the victim, and that it be just and reasonable to meet the victim's medical expenses and rehabilitation.
Death is available only under sub-section (2), which applies where the victim is under twelve years of age; sub-section (1), covering victims under sixteen but not under twelve, provides for imprisonment and fine only.