Power Differentials And Aggravated Rape Under Section 64(2), BNS: A Legal And Structural Appraisal
- IJLLR Journal
- Jun 22
- 1 min read
Ayush Raj, BA LLB, National Law School of India University, Bangalore
ABSTRACT
This paper examines how power imbalances make certain acts of rape more serious, focusing on aggravated rape under Section 64(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. It looks at situations where people in authority—like police officers, public servants, or armed forces personnel— use their position to exploit victims who are often unable to resist due to fear or dependency. The paper traces the legal changes from the 1983 and 2013 amendments to the current BNS, showing how key cases like the Mathura case pushed reforms. The paper also recognizes that despite these changes, serious problems remain: unclear provisions in the new law, underreporting, weak enforcement, and bias in the justice system. By analysing these gaps, the paper argues that stronger implementation and survivor-focused reforms are needed to make the law effective in protecting victims of power-driven sexual violence.
