Section 65 BNS: Punishment for rape in certain cases
Bharatiya Nyaya Sanhita, 2023
Section 65 BNS at a Glance
Section 65 BNS deals with punishment for rape in certain cases. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 376AB IPC on 1 July 2024.
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, or with death
Section 65 BNS Bare Act Text
65. Punishment for rape on woman under twelve years of age
(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 person’s 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.
Source: Section 65, Bharatiya Nyaya Sanhita, 2023
Section 65 BNS in Simple Words
Section 65(2) of the Bharatiya Nyaya Sanhita (BNS) deals with rape committed on a woman under 12 years of age. It provides the highest level of punishment for sexual assault against very young children, where the law treats the offence with extreme seriousness. This sub-section applies when the victim is below 12 years and the act amounts to rape under Section 63 BNS.
The practical significance is clear. If the prosecution proves the offence, the court must impose a very severe sentence. The punishment is rigorous imprisonment for a minimum of 20 years, which may extend to imprisonment for life, meaning imprisonment for the remainder of the person's natural life, and a fine, or death.
A fine must be just and reasonable to meet the medical expenses and rehabilitation of the victim, and any fine imposed must be paid to the victim. In cases involving a child of this age, the law gives very little room for leniency because the victim is especially vulnerable and the harm is treated as grave and lasting.
Ingredients of Section 65 BNS
- Commission of rape on a woman under twelve years of age under Section 65(2) BNS
- Rigorous imprisonment for not less than twenty years extending to imprisonment for the remainder of natural life, and with fine or with death
- Requirement that fine be just and reasonable to meet medical expenses and rehabilitation of the victim
- Mandatory payment of any fine imposed under the sub-section to the victim
Punishment Under Section 65 BNS
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, or with death
Mandatory fine, which must be just and reasonable to meet the medical expenses and rehabilitation of the victim, and must be paid to the victim
Section 65(2) BNS punishes rape on a woman under twelve years of age with rigorous imprisonment of not less than twenty years extending to life imprisonment for natural life and fine, or death, with any fine payable to the victim. Proceedings are cognizable, non-bailable, and triable exclusively by the Court of Session.
Example of Section 65 BNS
When Section 65 BNS Does Not Apply
- The victim was twelve years of age or older at the time of the offence
- The physical acts proved do not satisfy the definition of rape under Section 63 BNS
Section 65 BNS in the IPC (Previous Law)
Section 65 BNS replaces Section 376AB IPC from the old criminal code.
Section 376AB IPC corresponds to Section 65(2) BNS. Section 65(2) BNS consolidates special punishments for rape under the title Punishment for rape in certain cases. The substantive ingredients, the punishment of rigorous imprisonment of not less than twenty years extending to imprisonment for the remainder of natural life or death, and both provisos requiring the fine to meet medical expenses and be paid to the victim, continue without change under Section 65(2) BNS.
View IPC Section 376AB →FAQs on Section 65 BNS
Is Section 65(2) BNS a bailable offence?▼
No. It is a non-bailable offence. Bail is not a matter of right and depends on the court's discretion, subject to the facts and the strength of the case.
What is the punishment under Section 65(2) BNS?▼
The punishment is rigorous imprisonment for a term not less than 20 years, which may extend to imprisonment for life (meaning for the remainder of the convict's natural life) and a fine, or death. Any fine imposed must be just and reasonable to meet the victim's medical expenses and rehabilitation, and must be paid to the victim.
How is the child's age proved under Section 65(2) BNS?▼
Age is usually proved through birth records, school records, medical opinion, or other reliable documents. The prosecution must establish that the victim was under 12 at the time of the incident.
Can the offence under Section 65(2) BNS be compounded or settled privately?▼
No. This is a serious offence against a child and cannot be privately settled or compounded. The case proceeds according to criminal law once reported.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·