Punishment for rape in certain cases
What this section does
Prescribes enhanced punishment for rape of a woman under 16 years of age (minimum 20 years to life) and for rape of a woman under 12 years of age (minimum 20 years to life or death). In both cases, fine must be just and reasonable to cover medical expenses and rehabilitation, and must be paid to the victim.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Under 16 years: Rigorous imprisonment not less than 20 years, extendable to imprisonment for the remainder of natural life, and fine (paid to victim). Under 12 years: Rigorous imprisonment not less than 20 years, extendable to imprisonment for the remainder of natural life, and fine (paid to victim), or death.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- Commission of rape as defined in section 63
- Victim is under 16 years of age (sub-section 1) or under 12 years of age (sub-section 2)
Practitioner note
Mandatory minimum of 20 years applies. Fine is not discretionary in quantum — it must be just and reasonable to meet medical and rehabilitation costs, and must be paid directly to the victim. Death penalty is available only for rape of a woman under 12.
Derived from IPC s.376AB.
Read the official text
For the binding statutory text of BNS Section 65, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 65 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.