Section 64 BNS: Punishment for rape

Bharatiya Nyaya Sanhita, 2023

Section 64 BNS at a Glance

Section 64 BNS deals with punishment for rape. It is non-bailable and cognizable; it replaced Section 376 IPC on 1 July 2024.

Punishment

Rigorous imprisonment for a term of not less than ten years extending to imprisonment for life under sub-section (1); and rigorous imprisonment for a term of not less than ten years extending to imprisonment for life, which means imprisonment for the remainder of that person's natural life, under sub-section (2).

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 376 →

Section 64 BNS Bare Act Text

(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.

(2) Whoever,—

(a) being a police officer, commits rape,—

(i) within the limits of the police station to which such police officer is appointed; or

(ii) in the premises of any station house; or

(iii) on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or

(b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or

(c) being a member of the armed forces deployed in an area by the Central Government or a State Government commits rape in such area; or

(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or

(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or

(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or

(g) commits rape during communal or sectarian violence; or

(h) commits rape on a woman knowing her to be pregnant; or

(i) commits rape, on a woman incapable of giving consent; or

(j) being in a position of control or dominance over a woman, commits rape on such woman; or

(k) commits rape on a woman suffering from mental or physical disability; or

(l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or

(m) commits rape repeatedly on the same woman, shall be punished with 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.

Explanation.

For the purposes of this sub-section,—

(a) “armed forces” means the naval, army and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government;

(b) “hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;

(c) “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861 (5 of 1861);

(d) “women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children.

Source: Section 64, Bharatiya Nyaya Sanhita, 2023

Section 64 BNS in the IPC (Previous Law)

Section 64 BNS replaced Section 376 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 64 BNS

What does Section 64 BNS deal with?▼

It deals with the punishment for rape under the Bharatiya Nyaya Sanhita (BNS). The provision applies when the prosecution shows that the act falls within the legal definition of rape under Section 63 BNS.

Is consent important under Section 64 BNS?▼

Yes, consent is central to the case. If an adult woman gives free, informed, and voluntary consent, the offence is not made out, unless the law treats the consent as invalid for some other reason.

Is Section 64 BNS still in force?▼

Yes. Section 64 BNS is the current provision in force under the Bharatiya Nyaya Sanhita (BNS), 2023, prescribing the punishment for rape under sub-section (1) and for aggravated rape under sub-section (2).

Is the offence under Section 64 BNS bailable or compoundable?▼

No. It is a cognizable and non-bailable offence, and it is not compoundable. That means police can register and investigate it, and the matter cannot be privately settled to end the prosecution.

What is Section 64(2) of the Bharatiya Nyaya Sanhita about?▼

Section 64(2) BNS covers rape in certain aggravated situations. These include rape by a police officer, public servant in custody situations, armed forces member in a deployed area, jail or institution staff, hospital staff, a relative, guardian, teacher or person in trust or authority, and also cases involving pregnancy, incapacity to consent, disability, grievous harm, repeated rape, or communal or sectarian violence.

What punishment is given under Section 64(2) BNS for rape?▼

Section 64(2) BNS prescribes rigorous imprisonment of not less than ten years, which may extend to imprisonment for life. The section says imprisonment for life here means imprisonment for the remainder of that person's natural life, and the person is also liable to fine.

How is Section 64(2) different from Section 64(1) BNS?▼

Section 64(1) applies to rape generally, except the cases specially listed in Section 64(2). Section 64(2) applies when the rape happens in aggravated circumstances, such as abuse of official position, custody, trust, control, disability, pregnancy, repeated rape, or causing grievous bodily harm.

What has to be shown for Section 64(2) BNS to apply?▼

It must first be a case of rape, and then the facts must also fit one of the specific situations listed in Section 64(2). For example, the allegation may involve custody, hospital or jail staff, a position of trust or dominance, knowledge of pregnancy, incapacity to consent, mental or physical disability, repeated rape, communal violence, or grievous bodily harm during the act.

Section 64 BNS: Sub-sections Explained

Section 64(1) BNS: Punishment for rape

▶

Bare Act Text

(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.

Explained in Simple Words

Section 64 of the Bharatiya Nyaya Sanhita (BNS) sets out the punishment for the offence of rape. Under sub-section (1), rape is punishable with rigorous imprisonment for a term of not less than ten years, which may extend to imprisonment for life, and liability to fine. In practice, this section is the main sentencing provision used by police, prosecutors, and courts in rape cases.

Sub-section (2) prescribes enhanced punishment where rape is committed in specified aggravated situations, such as by a police officer, public servant in custody situations, armed forces personnel in a deployed area, jail or hospital staff, or a person in a position of trust, authority, control, or dominance, or where there is repeated rape, pregnancy, disability, incapacity to consent, communal violence, or grievous bodily harm. In these aggravated cases, rigorous imprisonment is not less than ten years and may extend to imprisonment for life, meaning the remainder of the person’s natural life, and the offender is also liable to fine.

For a complainant, this section provides the penal basis for criminal action, investigation, and trial. For an accused, the case turns on whether the ingredients of rape under Section 63 BNS and any aggravated circumstances under Section 64(2) BNS are proved by the evidence.

Key Ingredients

  • Commission of rape as defined under Section 63 BNS
  • Under Section 64(1) BNS, rigorous imprisonment for not less than ten years extending to imprisonment for life and liability to fine for cases not falling under sub-section (2)
  • Under Section 64(2) BNS, commission of rape in any of the aggravated circumstances listed in clauses (a) to (m)
  • Under Section 64(2) BNS, rigorous imprisonment for not less than ten years extending to imprisonment for life, meaning the remainder of that person's natural life, and liability to fine

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Rigorous imprisonment for a term of not less than ten years extending to imprisonment for life under sub-section (1); and rigorous imprisonment for a term of not less than ten years extending to imprisonment for life, which means imprisonment for the remainder of that person's natural life, under sub-section (2).

💰 Liable to fine in addition to imprisonment under both sub-section (1) and sub-section (2).

Section 64 BNS prescribes rigorous imprisonment of at least ten years extending to life with fine for rape under sub-section (1), and rigorous imprisonment of at least ten years extending to the remainder of natural life with fine for aggravated rape under sub-section (2). All offences under this section are cognizable, non-bailable, and triable by the Court of Session.

Real-World Example

At an administrative facility in Bilaspur, hospital supervisor Manoj used his position of authority over Sunita, an adult female receiving medical care, to commit rape upon her without her consent. Under clause (e) and clause (f) of Section 64(2) BNS, rape committed by a person on the staff of a hospital or by a person in a position of trust or authority constitutes aggravated rape. Manoj is therefore liable under Section 64(2) BNS to rigorous imprisonment of not less than ten years extending to imprisonment for the remainder of his natural life, and is also liable to fine.

When This Does Not Apply

  • The sexual act was performed with the free, voluntary, and informed consent of an adult woman
  • The conduct did not constitute any of the four prohibited acts defined under Section 63 BNS
  • The act constituted an excluded medical procedure or intervention under Exception 1 to Section 63 BNS

Previous Law

IPC 376 → Section 64(1) BNS

Section 376 IPC corresponds primarily to Section 64(1) BNS. Sub-sections 1 and 2 of Section 376 IPC are reenacted as sub-sections 1 and 2 of Section 64(1) BNS with identical punishments and elements. The clauses in sub-section 2 are re-lettered from clauses a to m because former clause i of the IPC had been omitted in 2018. Former sub-section 3 of Section 376 IPC, punishing rape on a woman under sixteen years of age, is now codified separately as Section 65(1) BNS with the same punishment of rigorous imprisonment of not less than twenty years extending to natural life and liability to fine.

Section 64(2) BNS: Punishment for rape

▶

Bare Act Text

(2) Whoever,—

(a) being a police officer, commits rape,—

(i) within the limits of the police station to which such police officer is appointed; or

(ii) in the premises of any station house; or

(iii) on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or

(b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or

(c) being a member of the armed forces deployed in an area by the Central Government or a State Government commits rape in such area; or

(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or

(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or

(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or

(g) commits rape during communal or sectarian violence; or

(h) commits rape on a woman knowing her to be pregnant; or

(i) commits rape, on a woman incapable of giving consent; or

(j) being in a position of control or dominance over a woman, commits rape on such woman; or

(k) commits rape on a woman suffering from mental or physical disability; or

(l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or

(m) commits rape repeatedly on the same woman, shall be punished with 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.

Explanation.

For the purposes of this sub-section,—

(a) “armed forces” means the naval, army and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government;

(b) “hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;

(c) “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861 (5 of 1861);

(d) “women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children.

Explained in Simple Words

Section 64(2) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for rape committed in specific aggravated circumstances listed in clauses (a) to (m). Whoever commits rape in any of these cases shall be punished with rigorous imprisonment for a term of not less than ten years, which may extend to imprisonment for life, meaning imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

This sub-section applies where rape is committed by a police officer within station limits, in a station house, or on a woman in custody, by a public servant on a woman in custody, by deployed armed forces personnel in that area, or by management or staff of a jail, custody place, women's or children's institution, or hospital. It also covers a relative, guardian, teacher, or person in a position of trust, authority, control or dominance.

Further, it covers rape committed during communal or sectarian violence, on a woman known to be pregnant, on a woman incapable of giving consent or suffering from mental or physical disability, repeatedly on the same woman, or while causing grievous bodily harm, maiming, disfiguring or endangering her life. The Explanation defines armed forces, hospital, police officer, and women's or children's institution.

Key Ingredients

  • The accused committed rape
  • The case falls within one of the special categories in sub-section (2)
  • The accused had the stated status, role or position, such as police officer, public servant, deployed armed forces member, management or staff member, relative, guardian, teacher, or person in trust, authority, control or dominance
  • The rape was committed in the linked circumstance, such as custody, station limits or premises, deployed area, hospital, institution, communal or sectarian violence, causing grievous bodily harm or endangering life, or repeated acts on the same woman
  • Where relevant, the accused knew the woman was pregnant or the woman was incapable of giving consent, or was suffering from mental or physical disability

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Rigorous imprisonment for a term of not less than ten years, which may extend to imprisonment for life, meaning imprisonment for the remainder of that person's natural life.

💰 Fine may be imposed in addition to imprisonment.

Committing rape in any of the aggravated circumstances listed in Section 64(2) BNS is punishable with rigorous imprisonment for not less than ten years up to imprisonment for the remainder of natural life, and the offender is also liable to fine.

Real-World Example

After a road accident on the Pune-Solapur Highway, Lakshmi was admitted to a private hospital near Pune for treatment. Karthik, who was on the hospital staff and assigned night duty, used his access to enter her room and raped her while she was admitted there. Devendra, another employee, later confirmed that Karthik was part of the hospital staff and that Lakshmi was a patient in that hospital at the time. These facts fall within Section 64(2) BNS because the allegation is not merely rape, but rape by a member of the hospital staff on a woman in that hospital.

When This Does Not Apply

  • Rape is alleged, but none of the special circumstances in sub-section (2) are present
  • The accused is a public servant, but the woman was not in that public servant’s custody or in the custody of a subordinate public servant
  • The accused works near a hospital, but is not on the management or staff of the hospital
  • The accused is known to the woman, but is not shown to be a relative, guardian, teacher, or a person in a position of trust, authority, control or dominance towards her

Previous Law

IPC 376(2) → Section 64(2) BNS

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·