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Which offence is the principal subject of section 70(1) of the Bharatiya Nyaya Sanhita, 2023?

Under section 70(1) of the Bharatiya Nyaya Sanhita, 2023, when one or more persons in a group or acting in furtherance of a common intention rape a woman, each such person…

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Which offence is the principal subject of section 70(1) of the Bharatiya Nyaya Sanhita, 2023?

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Correct answer B

Under section 70(1) of the Bharatiya Nyaya Sanhita, 2023, when one or more persons in a group or acting in furtherance of a common intention rape a woman, each such person is deemed to have committed rape and is subject to the penalty for gang rape. The penalty is rigorous imprisonment for at least 20 years, extendable to imprisonment for the remainder of natural life, and a fine. The fine must be just and reasonable for the victim’s medical expenses and rehabilitation and must be paid to the victim. Section 70(2) provides a distinct penalty where the victim is under 18.

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Option A

Incorrect because custodial rape by a police officer, public servant, or remand home/hospital staff is governed by Section 64(2) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 376(2) IPC).

Option B

Correct because Section 70(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 376D of the Indian Penal Code, 1860) specifically relates to the offence of gang rape.

Option C

The fine under section 70(1) goes to the victim. The section chiefly defines and punishes gang rape. General victim compensation schemes are governed by section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Option D

Incorrect because sexual intercourse by a husband with his wife who is living separately under a decree of separation or otherwise without her consent is governed by Section 67 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 376B IPC).

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