SEXUAL OFFENCES RELATED TO WOMEN ( SECTION 63-73)

Chapter V of BNS is dedicated to offenses against women and children, with Sections 63 to 73 specifically addressing sexual offenses related to women. These sections provide Intentional Insult (Sec. 504-505 And Sec. 509), and legal safeguards and remedies for women who are victims of sexual crimes. They define offenses such as rape and Annoyance (Sec. 510).

sexual harassment. The provisions also outline the penalties for such offenses, which can include imprisonment and fines. These laws play a critical role in addressing gender-based violence and ensuring justice for women who have been subjected to sexual violence.

Section 63: Rape

Overview–

Section 63 defines the term “rape” and outlines the various circumstances under which a man can be said to commit rape against a woman. It specifies acts such as penetration with penis or objects, manipulation, and oral sex, clarifying that consent must be voluntary and informed.

Explanation of Section 63:

Rape, as defined in Section 63, is a heinous crime that violates a woman’s bodily integrity and autonomy. It encompasses a wide range of non-consensual sexual acts, including penetration with objects, oral sex, and manipulation. The section emphasizes the importance of genuine and voluntary consent, highlighting situations where consent cannot be considered valid, such as when obtained through fear, deception, or when the woman is unable to comprehend the nature of the act due to intoxication or mental incapacity.

Illustrations:

• A threatens B with physical harm if she does not engage in sexual acts with him. Despite B’s apparent consent, her agreement is not genuine, and A’s actions constitute rape.
• C, a teacher, exploits his position of authority to coerce D, his student, into having sexual intercourse with him. This is considered rape under the law, as D’s consent is not freely given due to the power dynamics involved. 

Landmark Cases

• State of Maharashtra v. Madhukar Narayan: The Supreme Court held that lack of physical resistance by the victim does not imply consent, emphasizing the importance of understanding the concept of consent in cases of sexual assault.
• Tuka Ram v. State of Maharashtra: The court ruled that penetration, even slight, is sufficient to constitute rape, broadening the scope of the definition of rape under the law.

Section 64: Punishment for Rape

Overview:

Section 64 establishes the punishment for the crime of rape, distinguishing between general cases of rape and aggravated forms of rape involving specific circumstances such as rape by police officers, public servants, during communal violence, or on pregnant women.

Explanation of Section 64:

Section 64 prescribes rigorous imprisonment for a term not less than ten years for general cases of rape. However, it imposes stricter penalties, including life imprisonment, for aggravated forms of rape, such as those committed by public officials, during communal violence, or on women under specific conditions like pregnancy or incapacity to give consent.

IIllustrations:

• X, a police officer, rapes a woman in his custody. X would be subject to a minimum of ten years’ rigorous imprisonment under this section.
• Y, during communal violence, commits rape on a woman. Y would face a minimum of ten years’ rigorous imprisonment, with the possibility of life imprisonment, as per this section.

Landmark Cases: 

• Raja v. State of Maharashtra: The court emphasized that the punishment for rape must be proportionate to the gravity of the offense, considering both the act itself and the impact on the victim.
• State of Maharashtra v. Madhukar N. Mardikar: The Supreme Court upheld the imposition of life imprisonment under Section 376(2) of the Indian Penal Code for aggravated rape, emphasizing the need for stringent punishment to deter such heinous crimes.

Section 65: Punishment for Rape in Certain Cases

Overview:
Section 65 deals with the punishment for the rape of women under sixteen years of age. It imposes a higher penalty, including rigorous imprisonment for a minimum of twenty years, with the possibility of life imprisonment, for such offenses.

Explanation:
This section recognizes the vulnerability of minors and aims to provide greater protection to them against sexual violence. It mandates stringent punishment, including a minimum of twenty years’ rigorous imprisonment, for those convicted of raping girls under sixteen years of age, with the possibility of life imprisonment.

Illustrations:

1. Z, a 30-year-old man, rapes a 15-year-old girl. Z would be subject to a minimum of twenty years’ rigorous imprisonment under this section.
2. A group of individuals abducts and rapes a 14-year-old girl. Each member of the group would face a minimum of twenty years’ rigorous imprisonment, with the possibility of life imprisonment, as per this section.

Section 66: Punishment for Death or Resulting in Persistent Vegetative State

Overview:
Section 66 pertains to the punishment for causing the death or persistent vegetative state of a woman during the commission of rape. It imposes rigorous imprisonment for a minimum of twenty years, with the possibility of life imprisonment or the death penalty.

Explanation:
This section recognizes the severe consequences of rape leading to death or a persistent vegetative state. It imposes stringent punishment, including a minimum of twenty years’ rigorous imprisonment, life imprisonment, or the death penalty, on those who cause such outcomes during the commission of rape.

Illustrations:

1. B, while raping a woman, severely injures her, resulting in her death. B would be subject to a minimum of twenty years’ rigorous imprisonment under this section.
2. C rapes a woman and inflicts injuries that leave her in a persistent vegetative state. C would face a minimum of twenty years’ rigorous imprisonment, with the possibility of life imprisonment or the death penalty, as per this section.

Landmark Cases:

1. Vikram Singh v. State of Punjab: The court emphasized the need for strict punishment in cases where rape leads to death or severe injury, underscoring the gravity of such offenses.
2. Mukesh & Anr vs State For NCT Of Delhi (Nirbhaya Rape Case): The six men were convicted for causing the death of the victim, resulting in public outcry and demands for stricter laws against sexual violence. The court sentenced them to death, highlighting the gravity of the offense and the need for deterrent punishment. This case underscored the importance of addressing severe consequences of sexual assault, such as death or persistent vegetative state.

Section 67: Sexual Intercourse During Separation

Overview:
Section 67 deals with sexual intercourse by a husband with his wife who is living separately, without her consent. It prescribes imprisonment for a term ranging from two to seven years, along with a fine. The definition of “sexual intercourse” is aligned with that in Section 63.

Explanation:
This section aims to protect the bodily autonomy of women, even within marital relationships. It criminalizes sexual intercourse by a husband with his separated wife without her consent, recognizing that consent must be ongoing and voluntary, even in marriage.

Illustration:
A and B are legally separated, but A forces sexual intercourse on B without her consent. A would be liable under this section for imprisonment and a fine.

Section 68: Sexual Intercourse by a Person in Authority

Overview:
Section 68 addresses instances where a person in a position of authority or trust abuses that position to induce or seduce a woman under their charge to have sexual intercourse. It prescribes rigorous imprisonment for a term not less than five years, extendable up to ten years, along with a fine.

Explanation:
This section aims to prevent the abuse of power or trust by individuals in authoritative or fiduciary roles. It covers a wide range of scenarios, including abuse by public servants, hospital staff, and those managing institutions for women or children.

Illustration:
C, a superintendent of a women’s remand home, uses his authority to coerce a female inmate into having sexual intercourse with him. C would be punishable under this section with imprisonment and a fine.

Section 69: Sexual Intercourse by Employing Deceitful Means

Overview:
Section 69 deals with sexual intercourse by deceitful means or false promise of marriage, recognizing the importance of genuine intentions in sexual relationships.

Explanation:
This section criminalizes sexual intercourse obtained by deceitful means or false promise of marriage. It prescribes imprisonment for a term extendable to ten years and a fine. The section aims to protect individuals from being misled into sexual relationships under false pretenses.

Illustration:
I promises to marry J, but with no intention of doing so, and has sexual intercourse with J. I would be subject to imprisonment for a term extendable to ten years under this section.

Section 70: Gang Rape

Overview:
Section 70 addresses group rape, imposing severe penalties on each member of a group involved in the rape of a woman, recognizing the collective responsibility of perpetrators.

Explanation:
This section deems each member of a group involved in the rape of a woman to have committed the offense of rape. It prescribes rigorous imprisonment for a term not less than twenty years, extendable to life imprisonment or death, and a fine.

Illustration:
K and L, along with other individuals, rape a woman as part of a group. Each member of the group, including K and L, would be subject to imprisonment for a term not less than twenty years but which may extend to life imprisonment under this section.

Section 71: Punishment for Repeat Offenders

Overview:
Section 71 addresses repeat offenders, imposing life imprisonment or death for individuals previously convicted of certain sexual offenses who commit subsequent offenses.

Explanation:
This section imposes life imprisonment, meaning imprisonment for the remainder of the person’s natural life, or death, for individuals previously convicted of offenses under sections 64, 65, 66, or 70 who commit subsequent offenses under any of these sections.

Illustration:
M, previously convicted of rape under section 64, commits rape again. M would be subject to life imprisonment or death under this section.

Section 72: Disclosure of Identity of Victim of Certain Offenses

Overview:
Section 72 deals with the publication of the identity of victims of sexual offenses, recognizing the importance of protecting their privacy and dignity.

Explanation:
This section prohibits the publication of the name or any matter that may reveal the identity of a victim of sexual offenses under sections 64, 65, 66, 67, 68, 69, 70, or 71. It imposes imprisonment for a term extendable to two years and a fine for violations.

Illustration:
N publishes the name of a rape victim in a newspaper. N would be subject to imprisonment for a term extendable to two years under this section.

Section 73: Printing or Publishing Court Proceedings Without Permission

Overview:
Section 73 deals with the publication of matters related to court proceedings of sexual offenses, emphasizing the need for court permission before publishing such information.

Explanation:
This section prohibits the publication of any matter related to court proceedings of sexual offenses without prior permission from the court. It imposes imprisonment for a term extendable to two years and a fine for violations.

Illustration:
O publishes details of a court proceeding related to a sexual offense without court permission. O would be subject to imprisonment for a term extendable to two years under this section.

Analysis:

The BNS Act comprehensively addresses sexual offenses against women by defining rape inclusively and acknowledging various forms of sexual violence, including coercion and abuse of authority. It imposes stringent penalties, such as life imprisonment and the death penalty in certain cases, aiming to deter offenders and ensure accountability. Enhanced punishment for repeat offenders further emphasizes the seriousness of these crimes. Victim protection is prioritized with provisions safeguarding privacy and dignity, prohibiting the publication of victims’ identities without consent. Additionally, the Act focuses on victim support, directing fines towards medical expenses and rehabilitation. Overall, the BNS Act reflects a more empathetic and just approach to addressing sexual offenses, aiming to create a safer environment for women.

Landmark Cases

1. Vishaka & Ors. v. State of Rajasthan: PIL for workplace sexual harassment; SC recognized the right to a safe working environment under the Constitution; issued guidelines for employers and directives for enforcement.
2. Laxmi v. Union of India: Victim of acid attack sought justice and medical treatment; SC directives led to amendments in CrPC and IPC for compensation, minimum compensation, and new sections for acid attack offenses.
3. Ritu Kohli Case: First reported case of cyberbullying in India; led to an amendment in the Information Technology Act under Section 66E due to IPC Section 509’s inability to deal with such cases.

Source- PRSIndia

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