Source: Allahabad High Court  

Why in News? 

Recently, the bench of Justice Sanjay Kumar Singh has denied bail to a man accused of raping an 11-year-old girl, stating that minor victims rarely make false allegations. 

• The Allahabad High Court held this in the matter of Suraj Kumar Alias Vishwapratap Singh v. State of U.P. And 3 Others (2025). 
• It ruled that even without penetration, the act falls under the definition of rape under the Bharatiya Nyaya Sanhita 2023 (BNS). Citing Section 29 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), the court presumed guilt and upheld the victim’s statements as primary evidence. 

What was the Background of Suraj Kumar Alias Vishwapratap Singh v. State of U.P. And 3 Others Case? 

• A First Information Report (FIR) was lodged on 5th September 2024, at 23:20 hours regarding an incident that occurred at 05:30 hours on the same day. 
• The accused, Suraj Kumar alias Vishwapratap Singh, was charged under Sections 65(2), 351(2), 332(c) of BNS and Sections 3/4 POCSO Act. 
• The victim was an 11-year-old girl, aged 11 years, 7 months, and 27 days at the time of the incident. 
• The complainant (victim's father) alleged that when he woke up, he found his daughter missing from her bed and noticed another room was locked from inside. 
• Upon looking through the window, the complainant witnessed the accused allegedly committing the offence while pressing the victim's mouth. 
• When the complainant shouted and called his wife, the accused fled the scene after opening the door, pushing the complainant, and issuing threats. 
• The accused was arrested on 6th September 2024, though he claimed he was forcibly dragged into the house by the complainant's family on 5th September 2024. 
• The victim's statements were recorded under Sections 180 and 183 BNSS, where she described the incident and the accused's actions. 

What were the Court’s Observations? 

• The Court held that the 17-hour delay in filing the FIR was naturally explained given the reluctance of sexual offence victims and their families to approach police due to reputation concerns. 
• Minor discrepancies in victim statements under Sections 180 and 183 BNSS were deemed inconsequential as they did not affect the core prosecution narrative. 
• The Court observed that different individuals have varying powers of observation, retention, and reproduction, leading to natural variations in honest testimonies. 
• Regarding the absence of explicit mention of penetration, the Court held that the accused's actions went beyond the attempt stage and fell within Section 63 BNS's definition of rape. 
• The Court noted that even without penetration, the accused would be liable under Section 65(2) BNS due to the victim being below 12 years of age. 
• The Court dismissed the defense's argument regarding the absence of force signs in the medical report, noting that the final opinion was pending FSL report. 
• The Court stated that sexual violence cases need to be dealt with sternly and severely, particularly when involving helpless innocent children. 
• The Court observed that in rural India, it would be unusual for a girl to fabricate sexual assault allegations, as victims typically prefer to suffer silently rather than falsely implicate someone. 
• The Court concluded that there was no material on record to presume false implication or disbelieve the minor victim's statements. 

What is Section 65 of Bharatiya Nyaya Sanhita 2023 (BNS)? 

• For rape of victims under 16 years: 
  • Minimum punishment: 20 years rigorous imprisonment 
  • Maximum punishment: Life imprisonment (for natural life) 
  • Mandatory fine that must be paid to victim 
  • Fine amount must cover medical expenses and rehabilitation 
• For rape of victims under 12 years: 
  • Minimum punishment: 20 years rigorous imprisonment 
  • Maximum punishment: Either life imprisonment (for natural life) or death penalty 
  • Mandatory fine that must be paid to victim 
  • Fine amount must cover medical expenses and rehabilitation 
• The key differences between the two categories are: 
  • The death penalty is only available as punishment for rape of victims under 12 years. 
  • Both categories maintain the same minimum imprisonment term of 20 years. 
  • Both require fines to be paid directly to victims for their medical care and rehabilitation. 
  • Both define life imprisonment as imprisonment for the remainder of the convict's natural life. 

What is Section 180 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)? 

• Section 180 empowers any investigating police officer, or any police officer of prescribed rank authorized by the State Government, to orally examine persons believed to be acquainted with the facts and circumstances of a case. 
• The person being examined is legally bound to truthfully answer all questions related to the case, except those that might expose them to criminal charges, penalties, or forfeiture. 
• The police officer has the discretion to document any statements made during the examination in writing, and if doing so, must maintain separate and accurate records for each person's statement. 
• The section provides for statements to be recorded through audio-video electronic means as an alternative to written documentation. 
• For cases involving offences against women under sections 64-71, 74-79, or 124 of the Bharatiya Nyaya Sanhita 2023, statements must be recorded by either a woman police officer or any woman officer. 
• The section falls under the investigation chapter and serves as a crucial tool for gathering testimony during criminal investigations. 
• This section essentially codifies the procedure for recording witness statements during police investigations while ensuring proper documentation and gender-sensitive handling of cases involving women victims. 

What is Section 183 of BNSS? 

• Section 183 authorizes any District Magistrate to record confessions or statements during investigations, regardless of jurisdictional authority, but such recording must occur before the commencement of inquiry or trial. 
• Police officers with magisterial powers are explicitly prohibited from recording confessions, and confessions/statements can be recorded through audio-video electronic means in the presence of the accused's advocate. 
• The Magistrate must inform the person that they are not bound to make a confession, and that any confession may be used as evidence against them, ensuring the confession is made voluntarily. 
• If a person expresses unwillingness to make a confession before recording, the Magistrate cannot authorize their detention in police custody. 
• For cases involving specific offences (sections 64-71, 74-79, or 124), statements of victims must preferably be recorded by a woman Magistrate, or if unavailable, by a male Magistrate in the presence of a woman. 
• Special provisions exist for recording statements of mentally or physically disabled persons, requiring assistance from interpreters or special educators, and such statements can be recorded through audio-video electronic means. 
• The recorded statement of a disabled person is considered equivalent to examination-in-chief under the Bharatiya Sakshya Adhiniyam, 2023, allowing for cross-examination without requiring re-recording during trial. 
• All recorded confessions and statements must be forwarded to the Magistrate who will conduct the inquiry or trial of the case. 

What are the Legal Provisions and Punishments for Penetrative Sexual Assault Under Protection of Children from Sexual Offences Act, 2012? 

• Section 3 - Penetrative Sexual Assault Definition: 
  • Defines penetrative sexual assault as penetration of penis into child's vagina, mouth, urethra, or anus. 
  • Includes insertion of any object or body part (except penis) into child's vagina, urethra, or anus. 
  • Covers manipulation of child's body causing penetration into any body part. 
  • Includes application of mouth to child's private parts or forcing child to do the same. 
• Section 4 - Punishment for Penetrative Sexual Assault: 
  • Mandates minimum imprisonment of seven years. 
  • Maximum punishment can extend to life imprisonment. 
  • Additionally includes liability for fine. 
• Section 5 - Aggravated Penetrative Sexual Assault: 
  • Applies to specific categories of offenders including police officers, armed forces, public servants. 
  • Covers offences by staff of jails, hospitals, educational or religious institutions. 
  • Includes gang penetrative sexual assault. 
  • Addresses cases involving weapons, grievous hurt, or causing pregnancy. 
  • Includes assaults on mentally/physically disabled children. 
  • Covers repeated offences and assaults on children under twelve years. 
  • Includes assaults by relatives, guardians, or those in positions of trust. 
• Section 6 - Punishment for Aggravated Penetrative Sexual Assault: 
  • Prescribes minimum rigorous imprisonment of ten years. 
  • Can extend to life imprisonment. 
  • Includes mandatory fine. 
  • Provides more severe punishment than basic penetrative sexual assault reflecting greater gravity of offence.