Updated on December 06, 2024 04:29:59 AM
Clause 70 of BNS defines the offences related to the Gang Rape, which was previously mentioned under the Sections of 376D, 376DA and 376DB of the India Penal Code. Gang rape is a heinous crime where a girl raped by more than one person or the group of people. The number of cases related to the rape matters has a huge number that is increasing day-by-day. Here, the clause 70 of the BNS states that any woman who has been raped by anyone can bring a case against them and the offender will be punished. But in many cases, we can also see that some of the allegiances made by the women are fake.
However, the claim of gang 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 (gang rape), its punishment and the legal procedure of the Bail.
Here, is an overview of Clause 70 of BNS given below:
| Offence | Gang Rape |
|---|---|
| Clause under BNS | Clause 70 |
| Bail | Non-Bailable |
| Nature of Offence | Cognizable |
| Penalties and Punishments | Imprisonment for life or not less than 20 years, Fine or Both |
| Triable | Any Magistrate |
Bail Provision : Clause-70 gang rape deals with the following mentioned below:
(1) Where if a woman is being raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and 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 with 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) Where a woman under eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with 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.
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 contains the following points mentioned below:
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 of the offices 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 70 of BNS ensures that offenders will receive harsh punishment for their crimes against gang 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 70 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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