Under the Bharatiya Nyaya Sanhita (BNS), what is the minimum punishment for gang rape?

Appeared in: HPSSC - 2015

Explanation

Under Section 70(1) of the Bharatiya Nyaya Sanhita (BNS), the offense of gang rape carries a mandatory minimum punishment.
The prescribed sentence is rigorous imprisonment for a term that shall not be less than 20 years.
This punishment can be extended to life imprisonment, which is defined as imprisonment for the remainder of the person's natural life, and is also accompanied by a fine.

Option A: This is the minimum punishment for the rape of a woman aged 18 years or older by a single perpetrator under Section 64(1) of the BNS, not for the aggravated offense of gang rape.
Option B: A 7-year term is not the specified minimum punishment for gang rape under the new BNS. The penalties have been made significantly more stringent.
Option D: A 5-year imprisonment term is incorrect. The BNS imposes much harsher penalties for rape, with the lowest minimum sentence being 10 years for the rape of an adult.

Clinical Relevance

Nursing practice connection: This is primarily an exam-oriented knowledge point with limited direct bedside application, so retain Punishment for gang rape under the Bharatiya Nyaya Sanhita (BNS) as background academic context rather than a clinical decision trigger.
Knowledge of the BNS is essential for professionals in medico-legal roles, as they are often involved in the examination of victims and the collection of evidence, which is critical for prosecution.
The stringent minimum sentence of 20 years for gang rape under the BNS reflects a stronger legal deterrent against such heinous crimes and underscores the gravity with which the legal system views them.
What if? If the act was committed by a single person and not a group against an adult woman, the minimum punishment would be reduced to 10 years imprisonment (under Section 64(1)), demonstrating the law's specific focus on the aggravated nature of gang violence.

How to Approach the Question

First, identify the specific law in question, which is the 'Bharatiya Nyaya Sanhita (BNS)'.
Next, isolate the specific crime mentioned: 'gang rape'.
The question asks for the 'minimum punishment', so focus on finding the lower limit of the sentencing range.
Recall or reference the specific section of the BNS dealing with gang rape (Section 70).
Evaluate the options to see which one correctly states the minimum sentence of 20 years.

Concept Tested & Keywords

Concept Tested: Punishment for gang rape under the Bharatiya Nyaya Sanhita (BNS)
Stem keywords: Bharatiya Nyaya Sanhita, BNS, minimum punishment, gang rape
Lead-in keywords: what is

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Practise the full HPSSC - 2015

Attempt every question from this paper in a timed mock, then review the full solution for each one.