Is BNS Section 64 (Rape) bailable?

No, Section 64 BNS is strictly non-bailable. The accused has no right to demand bail. A formal bail application must be submitted to the Court of Session or High Court, and bail is rarely granted during active investigation to prevent survivor intimidation or flight risk.

What is the minimum statutory sentence under BNS Section 64?

The law mandates a minimum sentence of 10 years of rigorous imprisonment, which can extend to life imprisonment (meaning the remainder of natural life), along with a mandatory fine paid directly to the survivor.

How are trials conducted for Section 64 offences?

Trials under Section 64 BNS are exclusively tried by the Court of Session. The law mandates that the trial must be conducted in-camera (privately) to protect the identity and dignity of the survivor, and should ideally be concluded on a fast-track timeline.

Procedural Classification · BNSS First Schedule

Is BNS Section 64 Bailable or Non-Bailable?

Analysis of bail rules, arrest eligibility, and warrant requirements for BNS Section 64: Punishment for rape under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

🛡️ Bail & Arrest Summary

Rape

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Court of Session

Prescribed Punishment

Rigorous imprisonmentfor not less than 10 years but which may extend to imprisonment for life, and fine

Rape by a police officer or

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Court of Session

Prescribed Punishment

Rigorous imprisonmenta public servant or member for not less than 10 years of armed forces or a personbut which may extend to being on the managementimprisonment for life or on the staff of a jail,which shall mean the remand home or otherremainder of that person's place of custody ornatural life and fine. women's or children's institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped