Section 70 of the Bharatiya Nyaya Sanhita, 2023 deals with the offence of:
Section 70 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 376D of the Indian Penal Code, 1860) is titled 'Gang rape' and provides in Section 70(1) that where a woman…
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Section 70 of the Bharatiya Nyaya Sanhita, 2023 deals with the offence of:
Answer and explanation
Correct answer D
Section 70 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 376D of the Indian Penal Code, 1860) is titled 'Gang rape' and provides in Section 70(1) that where a woman 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 rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life (meaning imprisonment for the remainder of that person's natural life), and with fine. Custodial rape by a police officer falls under Section 64(2)(a) of the BNS, 2023 (formerly Section 376(2)(a) of the IPC), non-consensual sexual intercourse by a husband upon his wife during separation falls under Section 67 of the BNS, 2023 (formerly Section 376B of the IPC), and adultery was omitted after Section 497 of the IPC was struck down in Joseph Shine v. Union of India, (2019) 3 SCC 39.
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Option A
Incorrect: Custodial rape by a police officer is governed by Section 64(2)(a) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 376(2)(a) of the IPC).
Option B
Incorrect: Non-consensual sexual intercourse by a husband upon his wife during separation is governed by Section 67 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 376B of the IPC), and Exception 2 to Section 63 (formerly Exception 2 to Section 375 of the IPC) addresses sexual intercourse or sexual acts by a man with his own wife not being under eighteen years of age.
Option C
Incorrect: Adultery (formerly Section 497 of the IPC, struck down as unconstitutional in Joseph Shine v. Union of India, (2019) 3 SCC 39) is not an offence under the Bharatiya Nyaya Sanhita, 2023.
Option D
Correct: Section 70 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 376D, 376DA, and 376DB of the IPC) is titled 'Gang rape' and punishes gang rape.
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