Section 376D IPC: Gang rape
Indian Penal Code, 1860
Section 376D IPC at a Glance
Section 376D IPC deals with gang rape. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 70(1) BNS.
Rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life
Section 376D IPC Bare Act Text
376D. Gang rape
Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with 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 section shall be paid to the victim.
Source: Section 376D, Indian Penal Code, 1860
Amendment note: Substituted by the Criminal Law (Amendment) Act, 2013 (w.e.f. 3 February 2013). Section 376D now defines gang rape. Before the amendment this number covered sexual intercourse by a member of the management or staff of a hospital, which is now dealt with under Section 376C.
Section 376D IPC in Simple Words
Section 376D of the Indian Penal Code (IPC) defines and punishes the offence of gang rape. Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, every such person is deemed under law to have committed rape.
The offence attracts rigorous imprisonment for a term of not less than twenty years, which may extend to imprisonment for the remainder of that person's natural life, along with a mandatory fine. The fine must be just and reasonable to meet the medical expenses and rehabilitation of the victim, and any fine recovered must be paid directly to her.
Proceedings under Section 376D IPC are cognizable, non-bailable, and triable exclusively by the Court of Session.
Ingredients of Section 376D IPC
- The victim was a woman who was subjected to rape
- The act was committed by one or more persons constituting a group, or persons acting in furtherance of a common intention
- The accused person was a member of such group or acted in furtherance of the common intention
- Statutory deeming of each such person as having committed the offence of rape
Punishment Under Section 376D IPC
Rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life
Mandatory fine to be paid to the victim to meet medical expenses and rehabilitation
Section 376D IPC punishes gang rape with rigorous imprisonment of not less than twenty years extending to imprisonment for the remainder of natural life, and mandatory fine payable to the victim. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session.
Example of Section 376D IPC
When Section 376D IPC Does Not Apply
- Section 376D IPC does not apply when a single offender committed rape completely on his own without any group or shared common intention.
- Section 376D IPC does not apply to a bystander who neither belonged to a group committing the assault nor acted in furtherance of a common intention.
- Section 376D IPC does not apply where the act committed against the woman did not constitute the offence of rape under Section 375 IPC.
Section 376D IPC in the BNS
Section 376D IPC is now covered under Section 70(1) BNS.
Section 376D IPC corresponds to sub-section 1 of Section 70 BNS. The core definition of gang rape, the deeming fiction of joint liability, the mandatory minimum punishment of twenty years rigorous imprisonment extending to natural life, and the requirement that the fine be paid to the victim for medical expenses and rehabilitation are preserved verbatim in sub-section 1 of Section 70 BNS. In the wider section, sub-section 2 of Section 70 BNS consolidates the former Sections 376DA and 376DB IPC, raising the victim age threshold for child gang rape to under eighteen years and prescribing imprisonment for natural life or death.
View detailed comparison (IPC 376D vs BNS 70(1)) →FAQs on Section 376D IPC
What offence is punished under Section 376D IPC?▼
Section 376D IPC defines and punishes the offence of gang rape.
What constitutes gang rape under Section 376D IPC?▼
Gang rape occurs where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention.
Can an accused be convicted under Section 376D IPC if he did not personally commit penetration?▼
Yes; Section 376D IPC creates a deeming fiction whereby every person acting as part of the group or in furtherance of common intention is deemed to have committed rape.
What is the minimum term of imprisonment under Section 376D IPC?▼
The minimum term is twenty years of rigorous imprisonment.
What is the maximum sentence under Section 376D IPC?▼
The sentence may extend to imprisonment for the remainder of that person's natural life.
Is the fine under Section 376D IPC mandatory?▼
Yes; the statute provides for imprisonment and with fine, making the fine mandatory.
Who receives the fine imposed under Section 376D IPC?▼
The statute mandates that any fine imposed under this section must be paid directly to the victim to meet medical expenses and rehabilitation.
Is Section 376D IPC bailable?▼
No; Section 376D IPC is classified as non-bailable under the First Schedule to the CrPC.
Is an offence under Section 376D IPC cognizable?▼
Yes; Section 376D IPC is a cognizable offence.
Which section corresponds to Section 376D IPC in the Bharatiya Nyaya Sanhita?▼
Sub-section 1 of Section 70 BNS corresponds to Section 376D IPC.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·