The minimum 10-year sentence is just a suggestion, and judges can give much less if they want.

Courts have held (under the earlier, similarly worded IPC provision) that the minimum sentence is mandatory unless the judge records 'adequate and special reasons' in writing for going below it — it isn't optional.

'Life imprisonment' in aggravated cases just means a long prison term with a chance of parole after some years, like usual life sentences.

For the aggravated categories in sub-section (2), the law specifically defines 'imprisonment for life' as imprisonment for the remainder of that person's natural life — a stricter meaning than ordinary life imprisonment.

This section covers all sexual offenses.

Section 64 deals specifically with the punishment for rape as defined elsewhere in the Sanhita; other sexual offenses (like sexual harassment or voyeurism) are punished under separate sections.

Bharatiya Nyaya Sanhita, 2023

Section 64

Punishment for rape

(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.§

(2) Whoever,—§

(a) being a police officer, commits rape,—§

(i) within the limits of the police station to which such police officer is appointed; or§

(ii) in the premises of any station house; or§

(iii) on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or§

(b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or§

(c) being a member of the armed forces deployed in an area by the Central Government or a State Government commits rape in such area; or§

(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or§

(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or§

(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or§

(g) commits rape during communal or sectarian violence; or§

(h) commits rape on a woman knowing her to be pregnant; or§

(i) commits rape, on a woman incapable of giving consent; or§

(j) being in a position of control or dominance over a woman, commits rape on such woman; or§

(k) commits rape on a woman suffering from mental or physical disability; or§

(l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or§

(m) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. Explanation.—For the purposes of this sub-section,—§

(a) “armed forces” means the naval, army and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government;§

(b) “hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;§

(c) “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861 (5 of 1861);§

(d) “women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children.§

Why this exists

This provision continues India's post-2013 legal reforms on sexual violence, which followed the 2012 Delhi gang rape case and the Justice J.S. Verma Committee report. That report led to the Criminal Law (Amendment) Act, 2013, which introduced tiered, stringent punishments for rape and specifically identified 'aggravated' forms of rape—by those in positions of power or trust—as deserving harsher treatment because such offenders exploit authority, custody, or vulnerability. The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code and carried forward this structure in Section 64, preserving the core policy that abuse of institutional power or targeting of vulnerable victims warrants a mandatory minimum of 10 years up to full life imprisonment.

How courts read it

Under the predecessor provision (Section 376 IPC, from which Section 64 BNS is derived), courts have held that the minimum sentence is not a mere guideline but mandatory absent 'adequate and special reasons' recorded in writing. Courts have also clarified that categories like 'position of trust or authority' must be read to include real, demonstrable relationships of power or dependency, not just formal titles. Given BNS is new, these interpretations from IPC-era judgments are expected to guide courts applying Section 64, though specific rulings on the BNS text itself are yet to develop.

Common misconceptions

Myth: The minimum 10-year sentence is just a suggestion, and judges can give much less if they want.
Fact: Courts have held (under the earlier, similarly worded IPC provision) that the minimum sentence is mandatory unless the judge records 'adequate and special reasons' in writing for going below it — it isn't optional.
Myth: 'Life imprisonment' in aggravated cases just means a long prison term with a chance of parole after some years, like usual life sentences.
Fact: For the aggravated categories in sub-section (2), the law specifically defines 'imprisonment for life' as imprisonment for the remainder of that person's natural life — a stricter meaning than ordinary life imprisonment.
Myth: This section covers all sexual offenses.
Fact: Section 64 deals specifically with the punishment for rape as defined elsewhere in the Sanhita; other sexual offenses (like sexual harassment or voyeurism) are punished under separate sections.