Punishment for rape in certain cases
Section 65 of the Bharatiya Nyaya Sanhita, 2023 deals with punishment for rape in certain cases. 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 The Act came into force on 01 Jul 2024.
(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 persons 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.
Section 65, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 5
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 193
- s. 71 Punishment for repeat offenders
- s. 72 Disclosure of identity of victim of certain offences, etc
- s. 199 Public servant disobeying direction under law
- Bharatiya Nagarik Suraksha Sanhita s. 193 Report of police officer on completion of investigation
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Persons committing offence of rape on a woman under sixteen years of age. | 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. | Non-bailable. | Court of Session. |
| Persons committing offence of rape on a woman under twelve years of age. | 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. | Non-bailable. | Court of Session. |
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… filed the instant revision petition challenging the order dated 07.10.2024 passed by learned Juvenile Justice Board, Palwal, whereby application filed by the petitioner for grant of regular bail in case FIR No.198 dated 19.07.2024 registered under Section 6 of Protection of Children from Sexual Offence Act, 2012 and Sections 332(b) & 65(2) of Bharatiya Nyaya Sanhita, 2023 at Police Station Sadar, Palwar, has been dismissed and order dated CRR-166-2025 (O&M) -2- (Fast Track), POCSO, Palwal, whereby an appeal filed by the petitioner against order dated 07.10.2024, has also been dismissed. 2. Learned …
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… The petitioner has filed this petition under Section 439 of Cr.P.C. praying to grant bail in Special Case No.24/2025 on the file of the learned Additional District and Sessions Judge, FTSC – I, Uttara Kannada, Karwar [Special Court for trial of cases filed under POCSO Act] for the offences punishable under Sections 137(2), 64(1), 65(1) of Bharatiya Nyaya Sanhita, 2023 and under Sections 4, 8 and 12 of Protection of Children from Sexual Offences Act, 2012. 3. The brief facts of the prosecution case are as under: The petitioner – accused and family of de facto complainant came from Maharashtra State to Nandikatta village of Mundagod Taluk …
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… The petitioner, who is in custody since 31.07.2024, seeks regular bail in connection with Pranpur P.S. Case No. 119 of 2024 registered for the offence under Sections 65 of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the POCSO Act. 3 . The petitioner is accused of committing rape upon a four-year-old minor girl. 4 . Considering the heinous crime committed by the petitioner, I am not inclined to grant bail to the petitioner. 5 . Accordingly, this application …
Questions about Section 65
What does Section 65 of the Bharatiya Nyaya Sanhita deal with?
Section 65 of the Bharatiya Nyaya Sanhita is headed "Punishment for rape in certain cases". 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
Is Section 65 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 65 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 65 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 65, section 65 BNS, section 65 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 65(1) and bns 65(2). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 65 of the Bharatiya Nyaya Sanhita, and has it changed?
5 other provisions in this corpus refer back to it.
When did Section 65 of the Bharatiya Nyaya Sanhita come into force?
Section 65 of the Bharatiya Nyaya Sanhita, cited as BNS 65, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.