Punishment for rape
What this section does
Prescribes punishment for rape, with a basic punishment of rigorous imprisonment of not less than 10 years extendable to life, and an enhanced punishment of rigorous imprisonment for the remainder of natural life for aggravated categories such as rape by police officers, public servants, armed forces personnel, jail/hospital staff, relatives, during communal violence, on pregnant or disabled women, or repeated rape.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Sub-section (1): Rigorous imprisonment not less than 10 years, extendable to life, and fine. Sub-section (2) (aggravated categories): Rigorous imprisonment not less than 10 years, extendable to imprisonment for the remainder of natural life, and fine.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- Commission of rape as defined in section 63
- For enhanced punishment under sub-section (2): the accused falls within one of the specified aggravated categories (e.g., police officer, public servant, armed forces member, custodial authority, hospital staff, relative/guardian/teacher, during communal violence, victim pregnant/incapable/disabled, or repeated offence)
Practitioner note
The mandatory minimum of 10 years applies in all cases. Sub-section (2) mandates that life imprisonment means natural life. Definitions of 'armed forces', 'hospital', 'police officer', and 'women's or children's institution' are provided in the Explanation to sub-section (2).
- IPC Section 376 — Punishment for rape
Read the official text
For the binding statutory text of BNS Section 64, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 64 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.