Section 376 IPC: Punishment for rape

Section 376 IPC Bare Act Text

376. 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 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

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

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

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

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

(n) 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, military 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.

(3) Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty 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:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this sub-section shall be paid to the victim.

Source: Section 376, Indian Penal Code, 1860

Amendment note: The minimum sentence under sub-section (1) was raised from seven years to ten years by the Criminal Law (Amendment) Act, 2018 (w.e.f. 21 April 2018). Sub-section (2) was substituted by the Criminal Law (Amendment) Act, 2013.

Section 376 IPC in Simple Words

Ingredients of Section 376 IPC

• Commission of the offence of rape as defined under Section 375 IPC
• Under sub-section 1, commission of rape outside the aggravated categories specified in sub-section 2
• Or under sub-section 2, commission of rape accompanied by statutory aggravating circumstances including custodial authority, position of trust, pregnancy, disability, or infliction of grievous bodily harm
• Or under sub-section 3, commission of rape where the victim is a woman under sixteen years of age

Punishment Under Section 376 IPC

Section 376 IPC prescribes graduated penalties for rape, ranging from ten years to imprisonment for the remainder of natural life with liability to fine. Aggravated forms under sub-section 2 carry ten years to imprisonment for the remainder of natural life, while rape of a woman under sixteen under sub-section 3 attracts an enhanced minimum sentence of twenty years. All offences under this section are cognizable, non-bailable, and triable by the Court of Session.

Example of Section 376 IPC

When Section 376 IPC Does Not Apply

• Section 376 IPC does not apply when the ingredients of rape under Section 375 IPC are not established.
• Section 376 IPC does not apply where sexual intercourse took place with the unequivocal voluntary consent of a woman aged eighteen years or older of sound mind.
• Section 376 IPC does not apply to a medical procedure or intervention excluded from the definition of rape by Exception 1 to Section 375 IPC.
• The enhanced penalty under sub-section (3) of Section 376 IPC does not apply when the woman was sixteen years of age or older at the time of the offence.

Section 376 IPC in the BNS

FAQs on Section 376 IPC

Sections Related to Section 376 IPC