This section applies to any death connected to a rape case, even if unrelated to the assault.

Courts require that the death or vegetative state result directly from injuries inflicted during the commission of the rape, not from unconnected causes like a later accident or unrelated illness.

'Persistent vegetative state' just means the victim is very badly hurt or traumatized.

It refers to a specific, medically recognized condition of permanent unconsciousness, which must be proven through medical evidence in court.

Bharatiya Nyaya Sanhita, 2023

Section 66

Punishment for causing death or resulting in persistent vegetative state of victim

Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 64 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, 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, or with death.§

Why this exists

This provision was introduced into Indian law (originally as Section 376A of the IPC) after the 2012 Delhi gang-rape case, which shocked the nation and led to the Criminal Law (Amendment) Act, 2013. Lawmakers wanted a separate, harsher punishment specifically for cases where rape leads to the victim's death or permanent vegetative state, recognizing that such outcomes represent an extreme aggravation of the original crime deserving punishment as severe as for murder. The Bharatiya Nyaya Sanhita, 2023 carried this provision forward as Section 66, replacing the Indian Penal Code.

How courts read it

Courts have generally held that this provision applies only when death or vegetative state results directly from injuries inflicted during the rape itself, not from unrelated causes. In cases like Mukesh & Anr. v. State (NCT of Delhi) (2017) — the Nirbhaya case — the Supreme Court examined the predecessor provision and upheld the death penalty, emphasizing the extreme brutality and its fatal consequences. Courts have also clarified that 'persistent vegetative state' must be medically established through expert evidence, not merely inferred.

Common misconceptions

Myth: This section applies to any death connected to a rape case, even if unrelated to the assault.
Fact: Courts require that the death or vegetative state result directly from injuries inflicted during the commission of the rape, not from unconnected causes like a later accident or unrelated illness.
Myth: 'Persistent vegetative state' just means the victim is very badly hurt or traumatized.
Fact: It refers to a specific, medically recognized condition of permanent unconsciousness, which must be proven through medical evidence in court.