Forensic Medicine · Sexual Offences, Infanticide and Childhood Violence

Under the Bharatiya Nyaya Sanhita 2023, the minimum punishment prescribed for the offence of rape (Section 64) is:

  • A Rigorous imprisonment for not less than 10 years, extendable to imprisonment for the remainder of the offender's natural life
  • B Rigorous imprisonment for not less than 7 years
  • C Imprisonment for life, with no lesser term permitted
  • D Rigorous imprisonment for not less than 14 years
Correct answer: A. Rigorous imprisonment for not less than 10 years, extendable to imprisonment for the remainder of the offender's natural life

Explanation

Section 64 BNS retains the position created by the Criminal Law (Amendment) Act 2013: rigorous imprisonment of not less than 10 years, which may extend to imprisonment for the remainder of that person's natural life, plus fine. Seven years was the old IPC 376 minimum before 2013 and remains the most tempting distractor. Fourteen years is the minimum for rape of a woman under 16 years under Section 65(2), not for ordinary rape.

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

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