Home / Bharatiya Nyaya Sanhita & Indian Penal Code
Criminal Law
Sexual Offences under BNS
«08-Apr-2025
Introduction
- Chapter V of Bharatiya Nyaya Sanhita, 2023 (BNS) provides for sexual offences.
- It is provided for in Section 63 to 73 of BNS.
- It includes the following:
- Offence of Rape
- Offence arising out of Sexual Intercourse
- Offence relating to Disclosure of identity of Victim
What are the Offences of Rape under BNS?
- Section 63 of BNS= Definition of Rape
|
Act |
Description |
|
(a) |
Penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person |
|
(b) |
Inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person |
|
(c) |
Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person |
|
(d) |
Applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person |
Any of the above acts constitutes rape when done under any of these circumstances:
|
Circumstance |
Description |
|
(i) |
Against her will |
|
(ii) |
Without her consent |
|
(iii) |
With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt |
|
(iv) |
With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married |
|
(v) |
With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent |
|
(vi) |
With or without her consent, when she is under eighteen years of age |
|
(vii) |
When she is unable to communicate consent |
Explanation and Exceptions:
|
Type |
Description |
|
Explanation 1 |
For the purposes of this section, "vagina" shall also include labia majora |
|
Explanation 2 |
Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act: Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity |
|
Exception 1 |
A medical procedure or intervention shall not constitute rape |
|
Exception 2 |
Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape |
- Section 64 (1) of BNS = Punishment for offence of Rape
- This provision provides for punishment of offence of rape which is Rigorous imprisonment which shall not be less than 10 years but which may extend to life imprisonment and also fine.
- Section 64 (2) of BNS = Punishment for offence of Rape in Specific Circumstances
- This provides for the offence of rape in specific circumstances.
- The punishment provided here is rigorous imprisonment for a term which shall not be less than ten 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
- Section 65 of BNS = Punishment for Rape in Certain Cases (Minors)
|
Sub-section |
Age of Victim |
Punishment |
Fine |
Additional Provisions |
|
(1) |
Rape when victim is under sixteen years of age |
Rigorous imprisonment for a term not less than twenty years, which may extend to imprisonment for life (remainder of natural life) |
Liable to fine |
1. Fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim 2. Any fine imposed shall be paid to the victim |
|
(2) |
Rape when victim is under twelve years of age |
Rigorous imprisonment for a term not less than twenty years, which may extend to imprisonment for life (remainder of natural life), or death |
With fine |
1. Fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim 2. Any fine imposed shall be paid to the victim |
- Section 66 = Punishment when victim of rape is in Persistent Vegetative State
- Rigorous Imprisonment not less than 20 years which may extend to life imprisonment or with death.
- Section 70 = Gang Rape
|
Sub-section |
Victim Category |
Description |
Punishment |
Fine |
Additional Provisions |
|
(1) |
Adult woman |
Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention |
Rigorous imprisonment for a term not less than twenty years, which may extend to imprisonment for life (remainder of natural life) |
With fine |
1. Fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim 2. Any fine imposed shall be paid to the victim |
|
(2) |
Woman under eighteen years of age |
Where a woman under eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention |
Imprisonment for life (remainder of natural life), or death |
With fine |
1. Fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim 2. Any fine imposed shall be paid to the victim |
- Section 71 : Punishment for Repeat Offenders
- A person is liable under this Section if he is previously liable under Section 64, 65, 66.
- The punishment is imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.
What are the Offences Arising out of Sexual Intercourse under BNS?
|
Section |
Offence |
Description |
Punishment |
Notes |
|
67 |
Sexual intercourse with estranged spouse |
Sexual intercourse with one's own wife who is living separately, without her consent |
Imprisonment for a term not less than 2 years, which may extend to 7 years, and fine |
"Sexual intercourse" means any acts mentioned in clauses (a) to (d) of section 63 |
|
68 |
Sexual intercourse by person in authority |
Sexual intercourse by abusing position of authority by:<br>- Person in position of authority/fiduciary relationship<br>- Public servant<br>- Superintendent/manager of jail/custody facility<br>- Hospital management/staff |
Rigorous imprisonment for a term not less than 5 years, which may extend to 10 years, and fine |
Applies when the act does not amount to rape |
|
69 |
Sexual intercourse by deception |
Sexual intercourse by deceitful means or false promise of marriage without intention to fulfill it |
Imprisonment which may extend to 10 years, and fine |
Newly added section absent in earlier Indian Penal Code, 1860 "Deceitful means" includes false promises of employment, promotion, or marrying by suppressing identity |
What are the Offences Related to Disclosure of Identity of Victim under BNS?
- Section 72: Disclosure of identity of victim of certain offences etc.
- Section 72 (1) provides for prohibition against printing or publishing the name or any information that may reveal the identity of a person against whom an offence under Section 64, 65, 66, 67, 68, 69, 70 or 71 is alleged or found to have been committed.
- The punishment for this offence is imprisonment of either description for a term which may extend to 2 years and fine.
- Section 72 (2) provides that publication is permitted if such printing or publication is:
- by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or
- by, or with the authorisation in writing of, the victim; or
- where the victim is dead or a child or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim:
- Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.
- Section 73: Printing or Publishing matter relating to Court proceedings without permission
- Whoever prints or publishes any matter in relation to any proceeding before a Court with respect to an offence referred to in section 72 without the previous permission of such Court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
Conclusion
The BNS provides for Chapter V which contains offences against women and children. Among offences against women Section 63- 73 of BNS provide for sexual offences against women.
