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Which provision of the Bharatiya Nyaya Sanhita, 2023 specifically covers a public servant who is not a…

Section 64(2)(b) covers rape by a public servant on a woman in that public servant’s custody or in the custody of a subordinate public servant.

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Which provision of the Bharatiya Nyaya Sanhita, 2023 specifically covers a public servant who is not a police officer and commits rape on a woman in their official custody?

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Answer and explanation

Correct answer D

Section 64(2)(b) covers rape by a public servant on a woman in that public servant’s custody or in the custody of a subordinate public servant.

Option feedback

Option A

Clause (a) applies to a police officer in the circumstances set out there. The hypothetical public servant is not a police officer.

Option B

Clause (d) covers management or staff of specified custodial institutions who rape an inmate. No institutional role or inmate status is specified.

Option C

Clause (g) concerns rape during communal or sectarian violence. Neither is present in the facts.

Option D

Clause (b) specifically identifies a public servant and a woman in that public servant’s or a subordinate public servant’s custody.

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