Section 376A IPC: Punishment for causing death or resulting in persistent vegetative state of victim
Indian Penal Code, 1860
Section 376A IPC at a Glance
Section 376A IPC deals with punishment for causing death or resulting in persistent vegetative state of victim. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 66 BNS.
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, or with death
Section 376A IPC Bare Act Text
376A. Punishment for causing death or resulting in persistent vegetative state of victim
Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, 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, or with death.
Source: Section 376A, Indian Penal Code, 1860
Amendment note: Substituted by the Criminal Law (Amendment) Act, 2013 (w.e.f. 3 February 2013). Before that amendment, Section 376A dealt with sexual intercourse by a man with his own wife during separation; that provision is now Section 376B.
Section 376A IPC in Simple Words
Section 376A of the Indian Penal Code (IPC) punishes committing an offence under sub-section 1 or sub-section 2 of Section 376 IPC and in the course of such commission inflicting an injury which causes the death of the woman or causes her to be in a persistent vegetative state.
The section prescribes rigorous imprisonment for a term of not less than twenty years, which may extend to imprisonment for life, meaning imprisonment for the remainder of that person's natural life, or with death.
The offence is cognizable, non-bailable, and triable exclusively by the Court of Session.
Ingredients of Section 376A IPC
- The accused committed an offence punishable under sub-section 1 or sub-section 2 of Section 376 IPC
- The accused inflicted an injury in the course of such commission
- The injury caused the death of the woman or caused the woman to be in a persistent vegetative state
Punishment Under Section 376A IPC
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, or with death
None. The section prescribes imprisonment or death and does not provide for a fine
Section 376A IPC punishes inflicting injury during rape that causes death or a persistent vegetative state with rigorous imprisonment of not less than twenty years extending to life imprisonment for natural life, or with death. The offence is cognizable, non-bailable, and triable by the Court of Session.
Example of Section 376A IPC
When Section 376A IPC Does Not Apply
- Section 376A IPC does not apply when no offence punishable under sub-section (1) or sub-section (2) of Section 376 IPC was committed.
- Section 376A IPC does not apply where the injury inflicted on the woman neither caused her death nor left her in a persistent vegetative state.
- Section 376A IPC does not apply if the injury resulting in death or a persistent vegetative state was not inflicted in the course of committing the offence under Section 376(1) or Section 376(2) IPC.
- Section 376A IPC does not apply when the woman died or entered a persistent vegetative state due to an independent cause unrelated to any injury inflicted during the sexual offence.
Section 376A IPC in the BNS
Section 376A IPC is now covered under Section 66 BNS.
Section 376A IPC corresponds to Section 66 BNS. The heading and substantive text remain unchanged, with the statutory cross-reference updating from Section 376 IPC to Section 64 BNS. The prescribed penalty of rigorous imprisonment of not less than twenty years extending to life imprisonment for the remainder of natural life, or with death, continues identical across both codes.
View detailed comparison (IPC 376A vs BNS 66) →FAQs on Section 376A IPC
What does Section 376A IPC punish?▼
Section 376A IPC punishes a person who commits rape under Section 376 IPC and during the commission inflicts an injury that causes the woman's death or leaves her in a persistent vegetative state.
What specific consequence must result from the injury under Section 376A IPC?▼
The injury inflicted during the assault must cause either the death of the woman or cause her to enter a persistent vegetative state.
What punishment is prescribed under Section 376A IPC?▼
The section prescribes rigorous imprisonment for not less than twenty years, which may extend to imprisonment for the remainder of that person's natural life, or with death.
Does Section 376A IPC provide for a fine?▼
No; Section 376A IPC prescribes imprisonment or death and does not impose a fine.
Is Section 376A IPC bailable?▼
No; Section 376A IPC is non-bailable under the First Schedule to the CrPC.
Is an offence under Section 376A IPC cognizable?▼
Yes; Section 376A IPC is a cognizable offence.
Which court is competent to try Section 376A IPC?▼
Offences under Section 376A IPC are triable exclusively by the Court of Session.
Can an offence under Section 376A IPC be compounded?▼
No; Section 376A IPC cannot be compounded under Section 320 CrPC.
Which section corresponds to Section 376A IPC in the Bharatiya Nyaya Sanhita?▼
Section 66 BNS corresponds to Section 376A IPC with identical substantive terms.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·