Section 64 of BNS : Section 64: Punishment for rape.
BNS
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Explanation using Example
Example 1:
Ravi, a 35-year-old police officer, is stationed at a local police station in Mumbai. One night, he arrests a woman named Priya on suspicion of theft and brings her to the police station. While she is in custody, Ravi rapes Priya in one of the station rooms. Under Section 64 of the Bharatiya Nyaya Sanhita 2023, Ravi's actions fall under the specific circumstances of a police officer committing rape within the limits of his police station. Ravi would face rigorous imprisonment for a term not less than ten years, which could extend to life imprisonment, and he would also be liable to pay a fine.
Example 2:
Sunil, a 40-year-old doctor, works at a hospital in Delhi. One evening, a pregnant woman named Anjali is admitted to the hospital for a routine check-up. Taking advantage of his position, Sunil rapes Anjali in one of the hospital rooms. Under Section 64 of the Bharatiya Nyaya Sanhita 2023, Sunil's actions fall under the specific circumstances of a hospital staff member committing rape on a woman in the hospital, and also on a woman known to be pregnant. Sunil would face rigorous imprisonment for a term not less than ten years, which could extend to life imprisonment, and he would also be liable to pay a fine.
Example 3:
Ramesh, a 50-year-old teacher, is trusted by his community and teaches at a local school in Bangalore. He has been tutoring a 16-year-old girl named Meera at her home. One day, Ramesh takes advantage of his position of trust and authority and rapes Meera. Under Section 64 of the Bharatiya Nyaya Sanhita 2023, Ramesh's actions fall under the specific circumstances of a person in a position of trust or authority committing rape. Ramesh would face rigorous imprisonment for a term not less than ten years, which could extend to life imprisonment, and he would also be liable to pay a fine.
Example 4:
Arjun, a 28-year-old soldier, is deployed in a conflict area in Jammu and Kashmir. During a patrol, he encounters a woman named Shazia and rapes her. Under Section 64 of the Bharatiya Nyaya Sanhita 2023, Arjun's actions fall under the specific circumstances of a member of the armed forces committing rape in an area where they are deployed. Arjun would face rigorous imprisonment for a term not less than ten years, which could extend to life imprisonment, and he would also be liable to pay a fine.
Example 5:
Vikram, a 45-year-old businessman, has a domestic worker named Sita who is mentally disabled. One day, Vikram rapes Sita in his home. Under Section 64 of the Bharatiya Nyaya Sanhita 2023, Vikram's actions fall under the specific circumstances of committing rape on a woman suffering from a mental disability. Vikram would face rigorous imprisonment for a term not less than ten years, which could extend to life imprisonment, and he would also be liable to pay a fine.