Bharatiya Nyaya Sanhita, 2023
Section 65
Punishment for rape in certain cases
(1) 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.
(2) 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 sub-section shall be paid to the victim.
Why this exists
This provision continues and consolidates protections first introduced through amendments to India's older Penal Code and the POCSO framework, following major public outcry after cases like the 2012 Delhi gang rape and later child rape cases (such as Kathua, 2018) that shocked the country. Lawmakers responded by creating steeply graded, minimum mandatory sentences for rape of minors, with the harshest penalties reserved for the youngest victims, reflecting society's judgment that crimes against young children deserve the strongest possible deterrence and retribution.
How courts read it
Indian courts, interpreting the near-identical predecessor provisions under the Penal Code and POCSO Act, have held that 'imprisonment for life' in such clauses means imprisonment for the remainder of the convict's natural life, not a fixed number of years eligible for early remission. Courts have also emphasized that fines under these provisions are compensatory in nature and meant to directly benefit the victim's medical and psychological recovery, not to be treated as ordinary criminal fines paid to the state.
Common misconceptions
- Myth: 'Imprisonment for life' means the convict will definitely be released after some years for good behavior.
Fact: Courts have clarified that in these provisions, 'imprisonment for life' means imprisonment for the remainder of the person's natural life, not a fixed term subject to standard remission. - Myth: The fine mentioned in the law is paid to the government as a penalty.
Fact: The law explicitly requires that any fine imposed be paid to the victim, to help cover medical expenses and rehabilitation, not the state treasury.