Section 376DB IPC: Punishment for gang rape on woman under twelve years of age
Indian Penal Code, 1860
Section 376DB IPC at a Glance
Section 376DB IPC deals with punishment for gang 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 70(2) BNS.
Imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or death
Section 376DB IPC Bare Act Text
376DB. Punishment for gang rape on woman under twelve years of age
Where a woman under twelve 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, 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 376DB, 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 376DA IPC, which covers gang rape on a woman under sixteen years of age.
Section 376DB IPC in Simple Words
Section 376DB of the Indian Penal Code (IPC) prescribes capital punishment or imprisonment for natural life for gang rape committed on a woman under twelve years of age. Where a female child under twelve 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 for imprisonment for life, defined as imprisonment for the remainder of that person's natural life, and fine, or death. The fine must be just and reasonable to meet the medical expenses and rehabilitation of the victim, and must be paid directly to her.
Proceedings under Section 376DB IPC are cognizable, non-bailable, and triable exclusively by the Court of Session.
Ingredients of Section 376DB IPC
- The victim was a woman under twelve 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 376DB IPC
Imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or death
Mandatory fine to be paid to the victim to meet medical expenses and rehabilitation
Section 376DB IPC punishes gang rape of a woman under twelve years of age with imprisonment for the remainder of natural life and mandatory fine, or death. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session.
Example of Section 376DB IPC
When Section 376DB IPC Does Not Apply
- Section 376DB IPC does not apply when the victim was twelve years of age or older when the offence occurred.
- Section 376DB IPC does not apply where the rape of the child under twelve years of age was committed by a sole perpetrator without any group or common intention.
- Section 376DB IPC does not apply if the act committed did not constitute rape within the meaning of Section 375 IPC.
- Section 376DB IPC does not apply to a person who neither formed part of the group nor acted in furtherance of a common intention.
Section 376DB IPC in the BNS
Section 376DB IPC is now covered under Section 70(2) BNS.
Section 376DB IPC corresponds to sub-section 2 of Section 70 BNS. Under the Bharatiya Nyaya Sanhita, the separate categories for gang rape of girls under twelve years of age under Section 376DB IPC and under sixteen years under Section 376DA IPC are consolidated into a single provision covering any woman under eighteen years of age. Sub-section 2 of Section 70 BNS retains the maximum penalties of imprisonment for the remainder of natural life and mandatory fine, or death, while expanding protective coverage to all female victims under eighteen years of age.
View detailed comparison (IPC 376DB vs BNS 70(2)) →FAQs on Section 376DB IPC
What offence was punished under Section 376DB IPC?▼
Section 376DB IPC punished gang rape committed on a woman under twelve years of age.
What punishments were prescribed under Section 376DB IPC?▼
The section prescribed imprisonment for life, meaning imprisonment for the remainder of that person's natural life, and fine, or death.
Did Section 376DB IPC authorize the death penalty?▼
Yes; Section 376DB IPC explicitly authorized the death penalty as an alternative to imprisonment for natural life.
Is the fine under Section 376DB IPC mandatory?▼
Yes; the section specified that punishment includes fine alongside imprisonment for natural life or death, making the fine mandatory.
Who receives the fine imposed under Section 376DB IPC?▼
The statute mandated that the fine must be just and reasonable to meet medical expenses and rehabilitation, and paid directly to the victim.
Is Section 376DB IPC bailable?▼
No; Section 376DB IPC is classified as non-bailable under the First Schedule to the CrPC.
Is an offence under Section 376DB IPC cognizable?▼
Yes; Section 376DB IPC is a cognizable offence.
Which court conducts trials under Section 376DB IPC?▼
Trials under Section 376DB IPC are conducted exclusively by the Court of Session.
Can an offence under Section 376DB IPC be compounded?▼
No; Section 376DB IPC is not compoundable under Section 320 CrPC.
Which section corresponds to Section 376DB IPC in the Bharatiya Nyaya Sanhita?▼
Sub-section 2 of Section 70 BNS corresponds to Section 376DB IPC.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·