(IPC)(Punishment for Rape)- Notes Sexual offence Rape

IPC (Punishment for Rape)

Sexual Offence Rape Sec. 375 with amendment

‘Punishment for rape Sec. 376

Sec. 376.

(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[Sub. By Act 22 of  Criminal Law Amendment Act 2018, section 4(a) (w.r.e.f. 21- 4- 2018)],  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
(i) commits rape on a woman when she is under sixteen years of age; or( omitted by Act 22 of Criminal Law Amendment Act 2018, Sec. 4(b) (w.r.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 Jaw 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 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 persons’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 victim.

Sec. 376A. Punishment for causing death or resulting in persistent vegetative state of victim.

(Subs. By the Criminal Law Amendment Act 2013(13 of 2013), Sec. 9 (w.e.f.3 Feb. 2013)

Whoever, commits an offence punishable under sub-section (l) 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.

Earlier Sec. 376A Sexual intercourse by husband upon his wife during separation was Subs. By Act 43 of 1983, Sec. 3 ( w.e.f.25- 12- 1983)

Sec. 376 AB Punishment for rape on Woman under twelve years of age

(Ins. By Act 22 of 2018, Sec. 5 ( w.r.e.f. 21-4-2018)

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 victim.

Sec. 376-B. Sexual intercourse by husband upon his wife during separation

(Subs. By the Criminal Law Amendment Act, 2013(13 of 2013), Sec. 9 (w.e.f.3 Feb. 2013)

Earlier Sec. 376B intercourse by public servant with woman in his custody. was Subs. By Act 43 of 1983, Sec. 3 ( w.e.f.25- 12- 1983)

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.

Sec. 376-C. Sexual intercourse by person in authority

(Subs. By the Criminal Law Amendment Act, 2013(13 of 2013), Sec. 9 (w.e.f.3 Feb.

Earlier Sec. 376C intercourse by superintendent of jail, remand home, etc.was Subs. By Act 43 of 1983, Sec. 3 ( w.e.f.25- 12- 1983)

Whoever, being-

(a) in a position of authority or in a fidduciary 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 fidduciary 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 l.- 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 I 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.

Sec. 376-D. Gang rape.

( Subs. By the Criminal Law Amendment Act 2013(13 of 2013), Sec. 9 (w.e.f.3 Feb. 2013)

Earlier Sec. 376D intercourse by any member of the management or staff of a hospital with any woman in that hospital was Subs. By Act 43 of 1983, Sec. 3 ( w.e.f.25- 12- 1983)

 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.

Sec.376 DA. Punishment for Gang rape on woman under sixteen years of age.

( Ins. By Act 22 of 2018, Sec. 6 ( w.r.e.f. 21 April 2018)

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 imjprisonment 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.

Sec. 376DB. Punishment for Gang rape on woman under twelve years of age.

( Ins. By Act 22 of 2018, Sec. 6 ( w.r.e.f. 21 April 2018)

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 imjprisonment 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.

Sec. 376-E Punishment for repeat offenders.

[Ins. By Act 13 of 2013, Sec. 9 ( w.r.e.f. 3 Feb. 2013)}

Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section (376AB or Sec. 376D or Sec. 376DA or Sec. 376DB)Subs. By Act 22 of 2018, Sec.7, for “ Sec. 376D” (w.r.e.f. 21 April 2018) 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.’[1]

To know more about sexual offence with case Law & criminal law click below link

Mathura Case Law

Nirbhya Case


[1] RATANLAL & DHEERAJLAL, INDIAN PENAL CODE, LEXIS NEXIS 2019

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