What is BNS Section 64?
BNS Section 64 deals with the offence of rape under the Bharatiya Nyaya Sanhita, 2023. It prescribes punishment for the offence of rape, including aggravated circumstances such as rape committed by a police officer, public servant, member of the armed forces, hospital staff, or a person in a position of trust or authority. The offence is cognizable, non-bailable, and triable by the Court of Session.
Is Bail Available in BNS Section 64?
Yes. A person accused under BNS Section 64 may apply for bail before the competent court. However, BNS Section 64 is a non-bailable offence. Bail is not granted as a matter of right and is decided by the competent court after considering the facts, evidence, and applicable legal provisions. The offence is triable by the Court of Session.
Step-by-Step Process to Apply for Bail
Step 1: Consult a Criminal Lawyer
Immediately consult a qualified criminal lawyer to understand the allegations, available legal remedies, and the appropriate bail strategy.
Step 2: Obtain the FIR and Case Documents
Collect copies of:
- FIR
- Complaint
- Arrest Memo (if applicable)
- Medical examination reports
- Statements of the complainant and witnesses
- FSL/DNA reports (if available)
- Electronic evidence (if applicable)
- Charge Sheet (if filed)
- Other relevant case documents
Step 3: Prepare the Required Documents
Keep the following documents ready:
- Identity proof
- Address proof
- Bail application
- Supporting documents
- Surety documents (if required)
Step 4: Draft the Bail Application
The advocate prepares the bail application containing:
- Details of the accused
- FIR particulars
- Grounds for seeking bail
- Relevant legal provisions
- Supporting facts and documents
Step 5: File the Bail Application
Submit the bail application before the competent Sessions Court or the High Court, depending on the stage of the proceedings and the applicable law.
Step 6: Court Hearing
During the hearing:
- The prosecution presents objections to the bail application.
- The defence presents legal arguments and supporting documents.
Step 7: Court Considers Relevant Factors
The court may consider:
- Nature and seriousness of the allegations
- Prima facie evidence
- Medical evidence
- DNA/FSL reports
- Statements of the complainant and witnesses
- Criminal antecedents of the accused
- Possibility of absconding
- Risk of influencing witnesses
- Possibility of tampering with evidence
- Stage of investigation or trial
- Overall facts and circumstances of the case
Step 8: Court Passes the Bail Order
After considering all available material, the court may:
- Grant bail subject to appropriate conditions, or
- Reject the bail application.
Step 9: Furnish Bail Bond
If bail is granted, the accused must furnish the required bail bond and surety as directed by the court.
Step 10: Comply with Bail Conditions
After release on bail, the accused should:
- Appear before the court whenever required.
- Cooperate with the investigation and trial.
- Not threaten or influence the complainant or witnesses.
- Not tamper with evidence.
- Strictly comply with all conditions imposed by the court.