BNS Section 65 — Punishment for rape in certain cases
CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD
Criminal
Punishment
Rigorous imprisonment 20 years to life and fine
As the section puts it: “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 persons natural life, and shall also be liable to fine”
Summary
Sub-section (1) covers rape of a woman under sixteen years of age. The punishment is rigorous imprisonment for a term of not less than twenty years, which may extend to imprisonment for life, meaning imprisonment for the remainder of the person's natural life. The offender is also liable to a fine. The first proviso states that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim. The second proviso states that any fine imposed under this sub-section shall be paid to the victim.
Sub-section (2) covers rape of a woman under twelve years of age. The punishment is rigorous imprisonment for a term of not less than twenty years, which may extend to imprisonment for life, meaning imprisonment for the remainder of the person's natural life, and the offender is also liable to a fine or to the death penalty. The first proviso states that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim. The second proviso states that any fine imposed under this sub-section shall be paid to the victim.
Official Text
(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.
Referred to by
- BNS §71 — Punishment for repeat offenders
- BNS §72 — Disclosure of identity of victim of certain offences, etc
- BNS §199 — Public servant disobeying direction under law
- BNSS §21 — Courts by which offences are triable
- BNSS §173 — Information in cognizable cases
- BNSS §180 — Examination of witnesses by police
- BNSS §193 — Report of police officer on completion of investigation
- BNSS §346 — Power to postpone or adjourn proceedings
- BNSS §366 — Court to be open
- BNSS §482 — Direction for grant of bail to person apprehending arrest
Related Judgments
- IMRAN PRATAPGADHI vs STATE OF GUJARAT AND ANR — Supreme Court of India (2025)
- RAMBALAK vs STATE OF U.P — Supreme Court of India (2026)
- POORANMAL vs THE STATE OF RAJASTHAN & ANR — Supreme Court of India (2026)
- PARVINDER SINGH vs DIRECTORATE OF ENFORCEMENT — Supreme Court of India (2026)
