Section 376 IPC: Offences Related to Rape and its Punishments

What is Section 376 IPC Bare Act?

Section 376 IPC Bare Act is the exact text of the Section 376 of the Indian Penal Code (IPC 376), passed by the Indian Legislature or Parliament. Thus, it is a replica of the original Section 376 of the Indian Penal Code available to the people of India by the Indian legislature or Parliament.

Section 376 IPC Bare Act (As Per the Indian Legislature or Parliament)

376. Punishment for rape.—

(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.

(2) Whoever,—

(a) being a police officer, commits rape—

(i) within the limits of the police station to which such police officer is appointed; or

(ii) in the premises of any station house; or

(iii) on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or

(b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or

(c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or

(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or

(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or

(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or

(g) commits rape during communal or sectarian violence; or

(h) commits rape on a woman knowing her to be pregnant; or

2**** [Clause (i) omitted by s. 4, ibid. (w.e.f. 21-4-2018).]

(j) commits rape, on a woman incapable of giving consent; or

(k) being in a position of control or dominance over a woman, commits rape on such woman; or

(l) commits rape on a woman suffering from mental or physical disability; or

(m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the
life of a woman; or

(n) commits rape repeatedly on the same woman,

shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.

Explanation.—For the purposes of this sub-section,—

(a) “armed forces” means the naval, military and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government;

(b) “hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;

(c) “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861 (5 of 1861);

(d) “women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children.

(3) Whoever, commits rape on a woman under sixteen 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 shall also be liable to 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 sub-section shall be paid to the victim.

What is Rape under Section 376 IPC?

Rape is one of the most heinous crimes in India, and the Indian Penal Code (IPC) has specific provisions to deal with it. Section 376 IPC is the main section that deals with the punishment for rape. This article will provide you with all the information you need to know about Section 376 IPC, including its definition, punishment, and other provisions.

According to Section 375 of the Indian Penal Code (IPC 376), rape is defined as sexual intercourse with a woman without her consent. The definition of rape under Section 376 IPC is wider and includes other forms of sexual assault, such as forced oral sex and anal sex. The section IPC 376 also considers it rape if the victim is below the age of consent, which is 18 years in India.

Under Section 375 IPC, sexual intercourse with a woman under 18 years of age is considered statutory rape, irrespective of whether she has consented to it or not.

The term ‘rape’ refers to the non-consensual sexual intercourse by a man with a woman. The offence is considered a serious crime in India and carries severe punishment as a deterrent. The punishment for rape is designed to provide justice to the victim and to serve as a warning to potential offenders. The IPC has different categories of punishment based on the severity of the offence, with the maximum punishment being life imprisonment.

Essential Elements of Section IPC 376

Section 376 of the Indian Penal Code (IPC 376) defines rape and lays down the punishment for the same. The essential elements of Section IPC 376 are:

1. Sexual Intercourse: The first essential element is sexual intercourse. Any act of penetration, even the slightest, is enough to constitute sexual intercourse.
2. Without Consent: The second essential element is lack of consent. If a person has sexual intercourse with another person without their consent, it constitutes rape.
3. Against Will: The third essential element is that the act must be against the will of the victim. This means that if the victim is forced to have sexual intercourse against their will, it would constitute rape.
4. Age: The fourth essential element is age. If the victim is under the age of 16, it constitutes rape even if they give their consent.
5. Mental State: The fifth essential element is the mental state of the victim. If the victim is unable to understand the nature and consequences of the act due to unsoundness of mind or intoxication, it would constitute rape.
6. Consent Obtained by Fraud: If a person obtains consent for sexual intercourse by fraud or misrepresentation, it would also constitute rape.

All these essential elements need to be fulfilled for an act to be considered as rape under Section IPC 376.

Section 376 IPC Case

One of the most infamous cases of Section IPC 376 is the Nirbhaya case, which took place in Delhi in December 2012. A 23-year-old woman was brutally gang-raped and tortured by six men on a bus. The victim later succumbed to her injuries. The case sparked nationwide outrage and led to amendments in the rape laws of India, including the introduction of the death penalty for rapists in certain circumstances.

The case saw a lengthy legal battle, with all six accused being arrested and tried in court. In 2013, four of the accused were sentenced to death, one committed suicide in prison, and the last one was sentenced to three years in a juvenile detention center. The case brought attention to the issue of women’s safety in India and sparked protests and demands for stronger laws to protect women from sexual violence.

Section 376 IPC Punishment ?

Section 376 of the Indian Penal Code (376 IPC) provides punishment for the offense of rape. The punishment for rape varies depending on the circumstances and severity of the crime and the age of the victim.

Section 376 IPC lays down the punishment for rape. The punishment for rape can be the rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine.

If the victim is under the age of 16, the offender can be sentenced to imprisonment for a term of not less than 20 years, which may extend to life imprisonment, and also with a fine.

In addition to the above, if the offender is a police officer, a public servant, a member of the armed forces, or a person in a position of authority or trust, the punishment is more severe, and the rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person’s natural life and with fine.

It is important to note that the punishment for rape can also vary based on other factors such as the use of force, use of weapons, gang rape, and repeat offenses.

Is IPC 376 Bailable or Not?

Section 376 IPC is a non-bailable offence, meaning that the offender cannot claim an automatic right to bail as a matter of right.

However, the court can exercise its discretion to grant bail depending on the specific circumstances of the case, such as the nature and severity of the offence under section IPC 376, the likelihood of the offender fleeing or tampering with evidence, and the possibility of the offender threatening or intimidating the victim or witnesses.

Section 376 IPC Compoundable or Not?

Section 376 of the Indian Penal Code (IPC 376), which deals with punishment for rape, is considered a non-compoundable offense. This means that the victim or their family cannot withdraw the case against the accused once it has been filed, and the state takes up the prosecution of the case. This is done to prevent any pressure or coercion being applied to the victim or their family to withdraw the case. The law recognizes the heinous nature of the crime of rape and takes stringent measures to ensure justice for the victim.

Section 376 IPC Cognizable or Not?

Section 376 of the Indian Penal Code (IPC 376) is a cognizable offence, which means that the police have the authority to arrest the accused without a warrant. As per the Code of Criminal Procedure (CrPC), in cognizable offences, the police can conduct an investigation without seeking permission from the court. The police can also file a charge sheet in court without obtaining the complainant’s permission. In case of a cognizable offence, the police are authorized to investigate and arrest the accused person without any warrant or court order.

Section 376(A) IPC (As Per the Indian Legislature or Parliament)

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.

Section 376(AB) IPC (As Per the Indian Legislature or Parliament)

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.

Section 376(B) IPC (As Per the Indian Legislature or Parliament)

376B. Sexual intercourse by husband upon his wife during separation.— Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.

Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.

Section 376(C) IPC (As Per the Indian Legislature or Parliament)

376C. Sexual intercourse by a person in authority.— Whoever, being—

(a) in a position of authority or in a fiduciary relationship; or

(b) a public servant; or

(c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women’s or children’s institution; or

(d) on the management of a hospital or being on the staff of a hospital,

abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be
liable to fine.

Explanation 1.— In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.

Explanation 2.— For the purposes of this section, Explanation 1 to section 375 shall also be applicable.

Explanation 3.— “Superintendent”, in relation to a jail, remand home or other place of custody or a women’s or children’s institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates.

Explanation 4.— The expressions “hospital” and “women’s or children’s institution” shall respectively have the same meaning as in Explanation to sub-section (2) of section 376.

Section 376(D) IPC (As Per the Indian Legislature or Parliament)

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.

Section 376(DA) IPC (As Per the Indian Legislature or Parliament)

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.

Section 376(DB) IPC (As Per the Indian Legislature or Parliament)

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.

Section 376(E) IPC (As Per the Indian Legislature or Parliament)

376E. Punishment for repeat offenders.— Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376AB or section 376D or section 376DA or section 376DB, and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.

Section 376 IPC Judgments / Rulings

IN THE SUPREME COURT OF INDIA :

…………….

…………….

…………….

…………….

…………….