Section 376DA IPC: Punishment for gang rape on woman under sixteen years of age
Indian Penal Code, 1860
Section 376DA IPC at a Glance
Section 376DA IPC deals with punishment for gang rape on woman under sixteen years of age. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 70(2) BNS.
Imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life
Section 376DA IPC Bare Act Text
376DA. Punishment for gang rape on woman under sixteen years of age
Where a woman under sixteen years of age 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 imprisonment for 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 376DA, Indian Penal Code, 1860
Amendment note: Inserted by the Criminal Law (Amendment) Act, 2018 (Act 22 of 2018), s. 6, with effect from 21 April 2018. The same section also inserted Section 376DB IPC, which covers gang rape on a woman under twelve years of age.
Section 376DA IPC in Simple Words
Section 376DA of the Indian Penal Code (IPC) prescribes aggravated punishment for gang rape committed on a woman under sixteen years of age. Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, every participant is deemed under the law to have committed rape.
The section provides a single mandatory penalty of imprisonment for life, defined strictly as 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 must be paid directly to her.
Offences under Section 376DA IPC are cognizable, non-bailable, and triable exclusively by the Court of Session.
Ingredients of Section 376DA IPC
- The victim was a woman under sixteen years of age
- The victim was subjected to rape as defined under Section 375 IPC
- The offence was committed by one or more persons constituting a group, or persons acting in furtherance of a common intention
- Statutory deeming of each participant in the group or shared intention as having committed the offence of rape
Punishment Under Section 376DA IPC
Imprisonment for 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 376DA IPC punishes gang rape of a woman under sixteen years of age with mandatory 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 376DA IPC
When Section 376DA IPC Does Not Apply
- Section 376DA IPC does not apply when the woman was sixteen years of age or older at the time of the offence.
- Section 376DA IPC does not apply where the rape of the girl under sixteen years of age was committed by one offender acting alone without a group or common intention.
- Section 376DA IPC does not apply if the conduct against the minor did not amount to rape as defined in Section 375 IPC.
- Section 376DA IPC does not apply to an individual who was neither part of the group nor acting in furtherance of a common intention.
Section 376DA IPC in the BNS
Section 376DA IPC is now covered under Section 70(2) BNS.
Section 376DA IPC corresponds to sub-section 2 of Section 70 BNS. The Bharatiya Nyaya Sanhita introduced two major statutory changes: first, the age threshold for aggravated child gang rape is raised from under sixteen years to under eighteen years, thereby consolidating the former Sections 376DA and 376DB IPC into a single sub-section; second, Section 70(2) BNS introduces the death penalty as an alternative sentencing option alongside imprisonment for the remainder of natural life. The mandatory fine payable directly to the victim for medical expenses and rehabilitation is retained.
View detailed comparison (IPC 376DA vs BNS 70(2)) →FAQs on Section 376DA IPC
What conduct was punished under Section 376DA IPC?▼
Section 376DA IPC punished gang rape committed on a woman under sixteen years of age.
What was the mandatory sentence under Section 376DA IPC?▼
The mandatory sentence was imprisonment for life, defined as imprisonment for the remainder of that person's natural life, and fine.
Did Section 376DA IPC permit any lesser term of imprisonment?▼
No; the statute provided no discretion to award a term of years, prescribing life imprisonment for natural life as the sole custodial sentence.
Did Section 376DA IPC authorize the death penalty?▼
No; Section 376DA IPC did not authorize the death penalty, though the corresponding Section 70(2) BNS now includes death as an alternative sentence.
Is the fine under Section 376DA IPC mandatory?▼
Yes; the section specified imprisonment for natural life and with fine, making imposition of fine mandatory.
How is the fine under Section 376DA IPC utilized?▼
The statute mandated that the fine must be just and reasonable to meet the medical expenses and rehabilitation of the victim, and paid directly to her.
Is Section 376DA IPC bailable?▼
No; Section 376DA IPC is classified as non-bailable under the First Schedule to the CrPC.
Is an offence under Section 376DA IPC cognizable?▼
Yes; Section 376DA IPC is a cognizable offence.
Which court conducts trials under Section 376DA IPC?▼
Trials under Section 376DA IPC are conducted exclusively by the Court of Session.
Which section corresponds to Section 376DA IPC in the Bharatiya Nyaya Sanhita?▼
Sub-section 2 of Section 70 BNS corresponds to Section 376DA IPC.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·