Section 65 BNS or Section 65 of Bharatiya Nyaya Sanhita talks about “Punishment for rape in certain cases.“
Section 65 BNS is part of CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD in Bharatiya Nyaya Sanhita 2023 Act
Definition of Section 65 BNS
- Whoever, commits rape on a woman under sixteen 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 shall also be liable to fine;
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. - 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 section shall be paid to the victim.
BNSS Classification
- 65(1) – Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and fine..
- 65(2) – Rigorous imprisonment for not less than 20 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 death.
- Cognizable
- Non-bailable
- Triable by Court of Session
Section 65 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Explained in Detail by Advocate Sudhir Rao
🔹 Definition of Section 65 BNS (Rape of Minor Girls)
Section 65 of the BNS deals with rape committed on girls below the age of 16 and 12 years, prescribing extremely stringent punishments, including imprisonment for life or even the death penalty in the most severe cases.
➤ Section 65(1):
Whoever commits rape on a woman under 16 years of age shall be punished with rigorous imprisonment of not less than 20 years, extendable to life imprisonment, which means imprisonment for the remainder of that person’s natural life, along with a fine.
➤ Section 65(2):
If the victim is under 12 years of age, the punishment is the same, but it may also include the death penalty. The law mandates that any fine must be paid to the victim to support medical expenses and rehabilitation.
🔹 Key Ingredients to Attract Section 65 BNS
To invoke Section 65 BNS, the following essential elements must be present:
- Commission of Rape as defined under Section 63 BNS.
- Victim’s age must be:
- Below 16 years (Section 65(1)) or
- Below 12 years (Section 65(2)).
- No consent is relevant – Even if alleged, consent is not valid due to minor’s age.
- Medical, forensic, and testimonial evidence often form the basis of FIR and chargesheet.
🔹 How Police Use Section 65 BNS
- Police instantly register an FIR under Section 65 once a complaint is received or medical report confirms sexual assault on a minor.
- POCSO Act is usually applied in parallel.
- The accused is arrested immediately, as the offence is cognizable and non-bailable.
- Investigation is fast-tracked, and the charge sheet must be filed within 90 days under POCSO.
- The accused is generally denied interim bail or anticipatory bail due to the gravity of the offence.
🔹 If You Are the Complainant – Things to Keep in Mind
- Immediately approach the police or child protection officer.
- Ensure medical examination of the victim is done within 24 hours.
- Provide full cooperation in recording Section 164 CrPC statement before a magistrate.
- Seek help from a lawyer to ensure victim compensation scheme is accessed.
- Advocate Sudhir Rao strongly advises victims’ families to preserve any digital, video, or communication evidence, if available.
🔹 If You Are Accused or a Suspect – Critical Legal Steps
- Do not make any self-incriminating statements before the police.
- Immediately consult a criminal defense expert like Advocate Sudhir Rao, who has vast experience in dealing with POCSO and rape allegation cases under BNS.
- If the accusation is false or motivated, secure:
- CCTV footage, digital chats, or alibi evidence
- Proof of age fabrication if the victim’s age is in question
- File for quashing of FIR or early discharge if evidence is flimsy.
- Advocate Sudhir Rao often deploys forensic counter-analysis, age verification, and character proof strategies to protect the falsely accused.
🔹 How a Good Lawyer Can Save You – The Role of Advocate Sudhir Rao
In such sensitive and high-stakes cases:
- Procedural lapses, improper medical evidence collection, or violation of the accused’s rights can weaken the prosecution.
- Advocate Sudhir Rao thoroughly analyzes:
- The FIR for inconsistencies
- The medical report and DNA evidence
- Statements of witnesses and victim
- He has successfully handled multiple cases involving false rape allegations, helping clients secure bail, quashing, or acquittal with a meticulous legal strategy.
His approach is discreet, respectful of the victim, but firm on ensuring justice for the wrongly accused, if applicable.
🔹 BNSS Classification
| Clause | Age of Victim | Punishment | Cognizable | Bailable | Court |
|---|---|---|---|---|---|
| 65(1) | Below 16 years | Min 20 years to life imprisonment (natural life) + fine | Yes | No | Court of Session |
| 65(2) | Below 12 years | Min 20 years to life imprisonment (natural life) + fine OR death | Yes | No | Court of Session |
🔹 Most Commonly Asked Questions (FAQs)
✅ Is Section 65 BNS compoundable?
No, the offence is non-compoundable due to its grave nature.
✅ Can bail be granted in Section 65 BNS?
Bail is extremely rare, only in exceptional situations. Advocate Sudhir Rao recommends filing bail after preliminary evidence review or seeking quashing if there’s merit.
✅ What if the victim is lying or there’s no medical evidence?
Medical evidence is critical but not mandatory. However, if it is absent and the case is based purely on delayed statements or no injury marks, courts may grant relief. This requires expert legal presentation, where Advocate Sudhir Rao’s courtroom expertise becomes crucial.
✅ Can someone be falsely implicated?
Yes. Many custody disputes or enmity-based fabrications have led to false cases. A good lawyer can expose these motives, and Advocate Sudhir Rao has documented examples of such acquittals.
✅ What is the difference between Section 65 and POCSO?
Section 65 BNS is part of the criminal code, while POCSO is a special law for child protection. In most minor victim rape cases, both are applied together, and punishment is awarded under whichever is more stringent.
🔹 Final Advice
If you or someone you know is involved in a case under Section 65 BNS, whether as a complainant or accused, immediate and expert legal advice is essential. Advocate Sudhir Rao offers strategic legal solutions, ensuring victim justice or accused protection, depending on the circumstances.
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