Under BNS 2023, which statement regarding the punishment for gang rape is correct?
- A Each offender receives rigorous imprisonment of ten years, extendable to life
- B Each offender receives rigorous imprisonment of not less than twenty years, extendable to life, and if the victim is under eighteen years of age, imprisonment for the remainder of natural life or death ✓
- C Punishment is identical to rape by a single offender under Section 64
- D Punishment is imprisonment for life or death irrespective of the victim's age
Correct answer: B. Each offender receives rigorous imprisonment of not less than twenty years, extendable to life, and if the victim is under eighteen years of age, imprisonment for the remainder of natural life or death
Explanation
BNS Section 70 governs gang rape, corresponding to IPC Section 376D. Every participant receives rigorous imprisonment of not less than twenty years, which may extend to imprisonment for life, meaning the remainder of the offender's natural life, plus fine. Where the victim is below eighteen years, the punishment escalates to life imprisonment for the remainder of natural life or the death penalty. Option A quotes the ordinary rape sentence of Section 64 and ignores the enhanced gang rape minimum.
Reference: Ratanlal and Dhirajlal's The Bharatiya Nyaya Sanhita, 2024 ed.
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