Section 376E IPC: Punishment for repeat offenders
Indian Penal Code, 1860
Section 376E IPC at a Glance
Section 376E IPC deals with punishment for repeat offenders. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 71 BNS.
Imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death
Section 376E IPC Bare Act Text
376E. Punishment for repeat offenders
Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376AB or section 376D or section 376DA or section 376DB, and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death.
Source: Section 376E, Indian Penal Code, 1860
Amendment note: Inserted by the Criminal Law (Amendment) Act, 2013 (Act 13 of 2013). The list of trigger offences was later widened by the Criminal Law (Amendment) Act, 2018 (Act 22 of 2018), which added Sections 376AB, 376DA and 376DB IPC to it. In the official text those three names sit inside the 2018 footnote bracket.
Section 376E IPC in Simple Words
Section 376E of the Indian Penal Code (IPC) prescribes enhanced punishment for recidivist offenders convicted of specified sexual offences. A person who has been previously convicted of an offence punishable under Section 376 IPC, Section 376A IPC, Section 376AB IPC, Section 376D IPC, Section 376DA IPC, or Section 376DB IPC, and is subsequently convicted of an offence under any of those provisions, is liable to be punished with imprisonment for the remainder of natural life, or with death.
The section provides no alternative term sentence and specifies no fine. Offences under Section 376E IPC are cognizable, non-bailable, and triable exclusively by the Court of Session.
Ingredients of Section 376E IPC
- The accused has a prior conviction under Section 376 IPC, Section 376A IPC, Section 376AB IPC, Section 376D IPC, Section 376DA IPC, or Section 376DB IPC
- The accused subsequently commits and is convicted of an offence punishable under any of those specified sections
Punishment Under Section 376E IPC
Imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death
No fine is provided under this section
Section 376E IPC provides enhanced punishment for repeat sexual offenders, prescribing imprisonment for the remainder of natural life or death. The provision specifies no fine. Proceedings are cognizable, non-bailable, and triable exclusively by the Court of Session.
Example of Section 376E IPC
When Section 376E IPC Does Not Apply
- Section 376E IPC does not apply when the offender had no prior conviction under Section 376, 376A, 376AB, 376D, 376DA, or 376DB IPC.
- Section 376E IPC does not apply where the earlier case for a listed sexual offence ended in an acquittal or remained pending without a conviction.
- Section 376E IPC does not apply if the prior conviction was for an offence not enumerated in Section 376E IPC, such as Section 376B or Section 376C IPC.
- Section 376E IPC does not apply when the subsequent conviction is not for an offence punishable under Section 376, 376A, 376AB, 376D, 376DA, or 376DB IPC.
Section 376E IPC in the BNS
Section 376E IPC is now covered under Section 71 BNS.
Section 376E IPC corresponds to Section 71 BNS. The enhanced sentencing framework prescribing imprisonment for the remainder of natural life or death for repeat sexual offenders is preserved without change. The list of qualifying trigger offences is updated to reflect the consolidated structure of the Bharatiya Nyaya Sanhita: whereas Section 376E IPC referenced Section 376 IPC, Section 376A IPC, Section 376AB IPC, Section 376D IPC, Section 376DA IPC, and Section 376DB IPC, Section 71 BNS cites Section 64 BNS, Section 65 BNS, Section 66 BNS, and Section 70 BNS. The substantive sentencing standard remains identical.
View detailed comparison (IPC 376E vs BNS 71) →FAQs on Section 376E IPC
What conduct is governed by Section 376E IPC?▼
Section 376E IPC prescribes enhanced punishment for persons who commit repeat offences under specified sexual offence provisions.
Which previous convictions trigger Section 376E IPC?▼
A previous conviction under Section 376 IPC, Section 376A IPC, Section 376AB IPC, Section 376D IPC, Section 376DA IPC, or Section 376DB IPC triggers this section upon a subsequent conviction under any of those sections.
What punishments are available under Section 376E IPC?▼
The court may impose only imprisonment for life, defined as imprisonment for the remainder of natural life, or death.
Can a court sentence an offender to a fixed term of years under Section 376E IPC?▼
No; the section does not permit a fixed term of years, leaving natural life imprisonment or death as the only lawful sentences.
Does Section 376E IPC provide for a fine?▼
No; Section 376E IPC contains no provision for a fine, specifying only life imprisonment for natural life or death.
Is Section 376E IPC bailable?▼
No; Section 376E IPC is classified as non-bailable under the First Schedule to the CrPC.
Is an offence under Section 376E IPC cognizable?▼
Yes; Section 376E IPC is a cognizable offence.
Which court conducts trials under Section 376E IPC?▼
Proceedings under Section 376E IPC are conducted exclusively by the Court of Session.
Can an offence under Section 376E IPC be compounded?▼
No; Section 376E IPC is not compoundable under Section 320 CrPC.
Which section corresponds to Section 376E IPC in the Bharatiya Nyaya Sanhita?▼
Section 71 BNS corresponds to Section 376E IPC.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·