Updated on April 01, 2025 09:11:05 AM
Clause 63 of BNS defines the criminal act related to the Rape, which was previously mentioned under the Section 375 of the Indian Penal Code. In the past years the cases related to the Rape, has increased continuously. In year 2021, a data reveled that around 31,677 rape cases were reported nationwide according to the National Crime Records Bureau (NCRB) annual report. But in many cases, we can also see that some of the allegiances made by the women are fake.
However, the claim of rape is just a claim until it proves in the court via a legal procedure. During trial, the accused can get bail with a promise to appear. In this article we will go through a comprehensive understanding about this criminal offence (rape), its punishment and the legal procedure of the Bail.
Here, is an overview of Clause 63 of BNS given below:
| Offence | Rape |
|---|---|
| Clause under BNS | Clause 63 |
| Bail | Non-Bailable |
| Nature of Offence | Cognizable |
| Penalties and Punishments | Imprisonment for life or not less than 10 years, Fine or Both |
| Triable | Any Magistrate |
Clause 63 of BNS clearly defines that - “ A man is said to commit “rape” if he— (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:— (i) against her will; (ii) without her consent; (iii) with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt; (iv) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; (v) with her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent; (vi) with or without her consent, when she is under eighteen years of age; (vii) when she is unable to communicate consent”
The clause 64 clearly mentioned the punishment of Rape. A police officer, public servant, member of the armed forces, or within a custodial or authoritative relationship are considered aggravated circumstances of rape under this clause. The punishment for the perpetrators varies from ten to life imprisonment. The provision covers rape during communal violence, against pregnant women, those incapable of consent, or with mental or physical disabilities. It also includes repeated offenses against the same victim or causing grievous harm. Definitions clarify terms like armed forces, hospital, police officer, and women's or children's institutions, ensuring comprehensive legal coverage and accountability in cases of sexual violence
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer in Criminal law, who provides complete guidance on the process of bail. The lawyer also helps to prepare the application and representation during the court hearing.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On your behalf, the lawyer files an application of bail to the magistrate or session court having jurisdiction over the case. This application must contain the below-mentioned points:
After getting the bail application, the court sends a notice to the prosecution to present their arguments if they have. During the hearing, the judge carefully examines the seriousness of the offence, the evidence against the accused and the chances of them fleeing or tampering with the evidence and victims. It's a delicate balancing act in which all parties get a chance before the court makes a final judgement.
At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling
If the court denies the bail, the accused has to stay in custody until trial. Some offences such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Clause 63 of BNS ensures that offenders will receive harsh punishment for their crimes against rape. In addition to outlining severe penalties, the provision emphasises the protection of victims' rights during legal proceedings. As a result of this section, the bail procedure is designed to prioritise the safety of survivors, reflecting the court's commitment to ensuring their well-being and justice. Clause 63 remains crucial to fostering a safer environment and ensuring equality and dignity for all in the fight against sexual violence as society continues to combat it.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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