Forensic Medicine · Sexual Offences, Infanticide and Childhood Violence

Under BNS 2023, the offence of rape is defined in:

  • A Section 63 BNS — with consent-based framework defining 7 forms of non-consensual penetration
  • B Section 70 BNS — gang rape, mandatory 20 years to life imprisonment
  • C Section 64 BNS — punishment for rape (rigorous imprisonment 10 years to life)
  • D Section 67 BNS — rape by husband on wife separated but not divorced
Correct answer: A. Section 63 BNS — with consent-based framework defining 7 forms of non-consensual penetration

Explanation

BNS 2023 Section 63 (corresponding to IPC Section 375) defines rape as non-consensual sexual intercourse under 7 circumstances (use of force, threat, fraud, intoxication, unsoundness of mind, below age of consent 18 years, or with consent from a woman believing him to be her husband). Section 64 provides punishment (minimum 10 years rigorous imprisonment to life). Section 70 covers gang rape. A key change from IPC is that BNS Section 63 uses gender-neutral victim language though perpetrator is still specified as male.

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

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