Punishment for Rape

[Trigger Warning: The following content contains information on physical violence and sexual violence which some readers may find disturbing.]

The punishment for rape is imprisonment for ten years to life imprisonment, along with a fine.¹

The Bharatiya Nyaya Sanhita (BNS) provides for two types of imprisonment: simple imprisonment and rigorous imprisonment. Rigorous imprisonment is a harsher punishment than simple imprisonment, involving hard labor, and is usually reserved for serious crimes.

The punishment is more severe in the following circumstances:

When the survivor is below sixteen years 

When the survivor is below sixteen years, the punishment is imprisonment for twenty years to life imprisonment (imprisonment for the rest of the person’s natural life), along with a fine.²
If the survivor is below twelve years old, the perpetrator can also be given the death penalty.³ The fine should be just and reasonable to meet the medical expenses and rehabilitation of the survivor and is paid to the survivor. 

When rape results in a woman’s death or vegetative state

If rape results in an injury that causes the death of the woman or puts her in a persistent vegetative state, the perpetrator is punishable with imprisonment for twenty years to life imprisonment (imprisonment for the rest of the person’s life), along with fine or with death.⁴

1. Section 64(1), Bharatiya Nyaya Sanhita, 2023 [↩]
2. Section 65(1), Bharatiya Nyaya Sanhita, 2023 [↩]
3. Section 65(2), Bharatiya Nyaya Sanhita, 2023 [↩]
4. Section 66, Bharatiya Nyaya Sanhita, 2023 [↩]