Section 376AB IPC: Punishment for rape on woman under twelve years of age
Indian Penal Code, 1860
Section 376AB IPC at a Glance
Section 376AB IPC deals with punishment for rape on woman under twelve years of age. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 65(2) 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 376AB IPC Bare Act Text
376AB. Punishment for rape on woman under twelve years of age
Whoever, commits rape on a woman under twelve 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 with fine or with death:
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 section shall be paid to the victim.
Source: Section 376AB, Indian Penal Code, 1860
Amendment note: Inserted by the Criminal Law (Amendment) Act, 2018 (Act 22 of 2018), s. 5, with effect from 21 April 2018.
Section 376AB IPC in Simple Words
Section 376AB of the Indian Penal Code (IPC) punishes committing rape on a woman under twelve years of age. 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, and with fine or with death.
The first proviso mandates that any fine imposed must be just and reasonable to meet the medical expenses and rehabilitation of the victim. The second proviso directs that any fine imposed under the section must be paid to the victim.
The offence is cognizable, non-bailable, and triable by the Court of Session.
Ingredients of Section 376AB IPC
- The accused committed rape as defined under Section 375 IPC
- The victim was a woman under twelve years of age at the time of the offence
Punishment Under Section 376AB 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
Mandatory fine, which must be just and reasonable to meet the medical expenses and rehabilitation of the victim, and must be paid to the victim
Section 376AB IPC punishes rape on a woman under twelve years of age with rigorous imprisonment of not less than twenty years extending to life imprisonment for natural life or death, and mandatory fine payable to the victim. Proceedings are cognizable, non-bailable, and triable exclusively by the Court of Session.
Example of Section 376AB IPC
When Section 376AB IPC Does Not Apply
- Section 376AB IPC does not apply when the female victim had already attained twelve years of age or older at the time of the offence.
- Section 376AB IPC does not apply where the act committed against the child does not fall within the definition of rape under Section 375 IPC.
- Section 376AB IPC does not apply if the victim of the sexual assault was a male child rather than a female under twelve years of age.
Section 376AB IPC in the BNS
Section 376AB IPC is now covered under Section 65(2) BNS.
Section 376AB IPC corresponds to Section 65(2) BNS. Section 65(2) BNS consolidates special punishments for rape under the title Punishment for rape in certain cases. The substantive ingredients, the punishment of rigorous imprisonment of not less than twenty years extending to imprisonment for the remainder of natural life or death, and both provisos requiring the fine to meet medical expenses and be paid to the victim, continue without change under Section 65(2) BNS.
View detailed comparison (IPC 376AB vs BNS 65(2)) →FAQs on Section 376AB IPC
What does Section 376AB IPC punish?▼
Section 376AB IPC punishes committing rape on a woman who is under twelve years of age.
What is the age threshold for an offence under Section 376AB IPC?▼
The section applies where the victim is a female under twelve years of age at the time the offence is committed.
What punishment is prescribed under Section 376AB IPC?▼
Section 376AB IPC prescribes rigorous imprisonment of not less than twenty years, which may extend to imprisonment for the remainder of that person's natural life, and with fine or with death.
Is the fine mandatory under Section 376AB IPC?▼
Yes; the section specifies that the offender shall be punished with imprisonment and with fine, making fine mandatory.
What do the provisos to Section 376AB IPC require regarding fine?▼
The fine must be just and reasonable to cover the medical expenses and rehabilitation of the victim, and any fine recovered must be paid over to the victim.
Is Section 376AB IPC bailable?▼
No; Section 376AB IPC is a non-bailable offence under the First Schedule to the CrPC.
Is Section 376AB IPC cognizable?▼
Yes; Section 376AB IPC is cognizable, permitting arrest without warrant.
Which court conducts trials under Section 376AB IPC?▼
Cases under Section 376AB IPC are triable exclusively by the Court of Session.
Can Section 376AB IPC be compounded?▼
No; Section 376AB IPC is not compoundable under Section 320 CrPC.
Which section corresponds to Section 376AB IPC in the Bharatiya Nyaya Sanhita?▼
Section 65(2) BNS is the corresponding provision in the Bharatiya Nyaya Sanhita.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 17 Oct 2026 ·