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Bharatiya Nyaya Sanhita, 2023 Chapter V · Of Offences Against Woman and Child — Of Sexual Offences
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Bharatiya Nyaya Sanhita, 2023 — Section 65

Punishment for Rape in Certain Cases

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.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

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 65CoversIPC, 1860 equivalentCategory
65(1)Punishment for rape on a woman under sixteen years of ageS.376(3)Substantively changed
65(2)Punishment for rape on a woman under twelve years of ageS.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.

Quick Reference

Section 65 is an enhanced punishment provision for rape (as defined in Section 63) where the victim is a child under sixteen, or, more severely, under twelve. It is classified as follows in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), quoted as that Schedule words each entry:

Sub-section (1) — woman under sixteen years of age: punishment — “Rigorous imprisonment for not 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 fine.” · cognizable or non-cognizable — “Cognizable.” · bailable or non-bailable — “Non-bailable.” · triable by — “Court of Session.”
Sub-section (2) — woman under twelve years of age: punishment — “Rigorous imprisonment for not 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 or death.” · cognizable or non-cognizable — “Cognizable.” · bailable or non-bailable — “Non-bailable.” · triable by — “Court of Session.”
Compoundable: Not listed in either compounding table of BNSS S.359.

Common conditions on the fine (both sub-sections): the fine must be just and reasonable to meet the victim's medical expenses and rehabilitation, and any fine imposed must be paid to the victim.

Statutory Text (Verbatim)

(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.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

(1) Rape on a woman under sixteen years of age

Explanation (Lexovia's Commentary)

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.

Illustration (Lexovia's Own Example)
A commits rape, within the meaning of Section 63, on Z, who is fourteen years of age at the time. Because Z is under sixteen but not under twelve, A is liable under sub-section (1) to rigorous imprisonment for a term of not less than twenty years, extendable to imprisonment for the remainder of A's natural life, and to a fine that is just and reasonable to meet Z's medical expenses and rehabilitation, payable directly to Z.

(2) Rape on a woman under twelve years of age

Explanation (Lexovia's Commentary)

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.

Illustration (Lexovia's Own Example)
B commits rape, within the meaning of Section 63, on Y, who is nine years of age at the time. Because Y is under twelve, B is liable under sub-section (2) to rigorous imprisonment for a term of not less than twenty years, extendable to imprisonment for the remainder of B's natural life, together with a fine payable to Y and calculated to meet Y's medical expenses and rehabilitation, or, depending on the sentencing court's assessment of the case, death.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

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.

In Re: Right to Privacy of Adolescents (with State of West Bengal v. [accused]), 2024 INSC 614 (Supreme Court of India, Suo Motu Writ Petition (C) No. 3 of 2023 with Criminal Appeal No. 1451 of 2024, decided 20 August 2024, Abhay S. Oka & Ujjal Bhuyan, JJ.)

Quoted Paragraph (Verbatim)
Para No. 19
“In view of ‘sixthly’ in Section 375 of the IPC, penetrative intercourse with a woman under eighteen years of age, with or without her consent, constitutes an offence of rape. Therefore, whether such offence arises from a romantic relationship is irrelevant. … The Courts must follow and implement the law. The courts cannot commit violence against the law.”
Para No. 21
“On a plain reading of ‘sixthly’ in Section 375 read with Section 376(2)(n) of the IPC, notwithstanding the consensual sexual relationship, the offence punishable under clause (n) of sub-section (2) of Section 376 of the IPC, was made out. … When such offences of rape and aggravated penetrative sexual assault are committed, by exercising its jurisdiction under Article 226 of the Constitution of India and/or Section 482 of the Cr.PC, the High Court cannot acquit an accused whose guilt has been proved.”
What This Judgment Means (Lexovia's Commentary)

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.

Source: copy of the judgment obtained from the Supreme Court of India's official website.

Related / Cross-Referenced Sections

FAQs

How is the punishment under Section 65 different from the general punishment under Section 64?

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.

Must the fine be paid to the government, as fines usually are?

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.

Is death an available punishment for rape of a child under sixteen?

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.

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