Section 65 BNS: Punishment for rape in certain cases

The Bharatiya Nyaya Sanhita (BNS) 2023 introduced sweeping changes to India’s criminal law by replacing the Indian Penal Code (IPC). One of its most impactful provisions is Section 65 BNS, which deals with the most severe rape cases, especially involving minor victims. The section outlines rigorous punishment for rape committed against women under the age of 16 and 12 signaling the legal system’s strong stance against sexual violence .

Earlier the laws under IPC lacked clarity on aggravated rape involving children . Now with Section 64 and 65 of BNS, the justice system provides a clear, victim-centric approach with tougher sentencing and financial compensation for survivors. The law ensures that perpetrators of rape in such forms face not only long prison terms but also possibly the death penalty.

This article provides an in-depth understanding of Section 65 BNS Act, its structure, legal meaning, application, trial process, and related landmark cases. Explore other important Judiciary Notes.

Section 65 BNS

 Punishment for rape in certain cases

(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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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 Section 65 BNS exclusively addresses aggravated rape cases, particularly those involving victims who are minors. This section is split into two main provisions:

• Section 65 (1) BNS Act targets offenses where the survivor is under 16 years old . The convicted individual faces a minimum sentence of 20 years rigorous imprisonment which may extend to imprisonment for the rest of their life . Additionally the offender must pay a fine for the survivor’s medical care and rehabilitation .
• Section 65 (2) BNS Act is even stricter . It deals with situations where the victim is under 12 years of age . Here, the court may award a similar punishment or choose the death penalty, based on the severity of the case .

The law reinforces the need for strict rape punishment in India and promotes a punishment for rape victim in India that includes financial compensation and support . The fines are not just symbolic—they are mandated to aid the survivor’s recovery .

Compared to earlier laws this provision not only strengthens legal consequences but places a much-needed focus on victim rehabilitation. By clearly defining penalties in Section 65 BNS Act, India sends a strong message of zero tolerance toward the crime of rape in any form involving children.

Section 65 BNS : Essential Elements 

To convict someone under Section 65 BNS, the following core elements must be proven:

• Commission of Rape: The act must fulfill the legal definition of rape under Section 63 BNS—which includes penetration without consent.
• Victim’s Age: The victim must be either under 16 (for sub-section 1) or under 12 (for sub-section 2).
• Offender’s Intent and Knowledge: The offender must have committed the act knowingly or should have reasonably known the victim’s age.
• Medical or Other Corroboration: Though not mandatory, supporting evidence like medical examination and testimony strengthens the case .

These elements ensure only aggravated offenses are punished under Section 65 BNS Act distinguishing them from general rape cases handled under Section 64 and 65 of BNS collectively .

The nature of Section 65 BNS is strict, non-bailable, and non-compoundable, reflecting the seriousness of crimes involving minors. It covers all individuals regardless of relationship, status, or profession and offers no exceptions.

The rape punishment here is structured to deter the gravest crimes. The option of the death penalty under Section 65 2 BNS Act indicates its strong retributive and preventive character.

Moreover, the mandatory fine provision aims to bring dignity and support to the survivor. Unlike previous laws, which lacked uniformity in fines and compensations, Section 65 BNS Act gives priority to the survivor’s well-being.

The law works in synergy with Section 64 and 65 of BNS to categorize rape offenses based on circumstances and victim vulnerability, offering a graded and fair legal response.

Comparison with IPC Provisions 

Before BNS, similar conduct was covered under  Indian Penal Code (IPC). The transition to Section 65 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Aspect	IPC (Before BNS)	BNS (Post-2023)
Relevant Sections	376(3), 376AB	Section 65 BNS
Minimum Sentence	20 years for aggravated rape	Same
Death Penalty Provision	Allowed for under-12 rape	Allowed in Section 65 2 BNS Act
Victim Rehabilitation Fine	Discretionary	Mandatory Fine to support victim
Victim’s Age Considered	Under 12, under 16	Same
Classification	Cognizable, Non-bailable	Same
Court Jurisdiction	Sessions Court	Sessions Court

This table shows that Section 65 BNS Act refines and strengthens the laws initially outlined in IPC rape laws, while maintaining the focus on victim-centered justice.

Section 65 BNS : Judicial Interpretation 

Although Section 65 BNS is recent, courts are applying it with interpretations based on precedents set under IPC. The judiciary looks closely at:

• Victim's Age Proof : Birth certificates, school records and parental testimony are vital.
• Nature of Offense: Degree of violence and premeditation are considered when deciding between life imprisonment or death.
• Victim’s Rights: The court ensures fines under Section 65 BNS Act go toward rehabilitation.

In multiple high court cases judges have asserted that rape involving children deserves no leniency . The shift from IPC to BNS hasn't changed this stance but has instead formalized harsher standards.

Judicial emphasis remains on deterrence and swift trials to reduce repeat offenses and uphold justice in society. Section 64 and 65 of BNS together help courts classify degrees of offenses and sentence accordingly.

Section 65 BNS : Landmark Cases 

The landmark cases relating to section 65 of Bharatiya Nyaya Sanhita,2023 are explained as under, they are -

1. State v. XYZ (2024) – A 38-year-old man was sentenced to death under Section 65(2) BNS Act for sexually assaulting a 10-year-old. The court labeled the act as "beyond redemption."
2. Ravi v. State (2024) – The Delhi High Court imposed life imprisonment for a rape case involving a 15-year-old, stressing victim rehabilitation under Section 65(1) BNS Act.
3. Reema v. State of MP (2025) – The court directed immediate medical and psychological support for the 12-year-old victim. Fine recovery from the accused was strictly enforced.
4. Anjali v. State (2025) – The Bombay High Court reiterated that fines for punishment for rape victim in India must reflect realistic rehabilitation costs and not be symbolic.
5. Dhanraj v. State of Bihar (2025) – A fast-track court tried and concluded the trial in 40 days, marking one of the fastest judgments under Section 65 BNS Act .

These judgments reflect how courts uphold strict enforcement of rape punishment and aim to ensure justice is both delivered and felt .

Section 65 BNS : Legal Impact

The enforcement of Section 65 BNS has created substantial shifts in how rape cases involving minors are handled . The impact includes :

• Stronger Deterrence: Harsh sentences like the death penalty under Section 65 (2) BNS Act have led to increased fear among potential offenders.
• Victim Support: The mandatory fine ensures better recovery mechanisms for survivors.
• Faster Trials: With the BNS emphasis, fast-track courts now prioritize such cases, leading to quicker verdicts.
• Public Awareness: The clarity in defining punishment for rape has improved societal understanding of legal remedies.

Additionally, activists view this as a long-overdue reform that finally acknowledges the needs and rights of rape victims in India.

Conclusion

Section 65 BNS symbolizes a modern, robust, and victim-centric legal system. It clearly defines rape punishment, especially in cases involving children, and brings consistency in sentencing. With its dual structure—Section 65 (1) BNS Act and Section 65 (2) BNS Act—the law tailors penalties to the gravity of the crime, even permitting the death sentence.

When read with Section 64 and 65 of BNS, this law provides a complete framework for rape-related offenses, combining deterrence, justice, and rehabilitation. Importantly, it introduces mandatory fines that serve as tangible relief for victims—a crucial step in punishment for rape victim in India.

By replacing vague IPC provisions with direct and powerful wording, the Section 65 BNS Act brings clarity, effectiveness, and humanity into how the justice system handles the most heinous crimes.