Punishment Under Section 376
The punishment under section 376 is described below.
Offence |
Punishment |
Bailable/Non Bailable |
Rape |
Rigorous Imprisonment for 10 years to Imprisonment for Life + Fine. |
Non-bailable |
Rape by a public officer and rape committed by a person in a position of trust or authority or by a near relative of the person raped. |
Rigorous Imprisonment for 10 years to Imprisonment for Natural-Life + Fine. |
Non-bailable |
Rape of minor that is rape on a woman under sixteen years of age. |
Rigorous Imprisonment for 20 years to Imprisonment for Natural-Life + Fine |
Non-bailable |
Gang rape |
Rigorous Imprisonment for 20 years to Imprisonment for Natural-Life + Fine |
Non-bailable |
Repeat offenders |
Imprisonment for Natural-Life or Death |
Non-bailable |
Amendmends made in Section 376 IPC by the Criminal Law (Amendment) Act, 2013
To strengthen laws related to sexual offenses amendment was introduced through the Criminal Law (Amendment) Act, 2013, which was a response to the widespread public outcry following the Nirbhaya case. The Justice Verma Committee Report, formed after Nirbhaya gangrape incident in 2012, focused on legal reforms and recommendations to address sexual violence in India. Changes introduced by the Criminal Law (Amendment) Act, 2013 in Section 376 IPC are as follows:
- Expansion of Definition: The definition of rape was broadened to include not only penile-vaginal penetration but also other forms of sexual penetration, such as oral and anal penetration.
- New Offenses: The amendment introduced new offenses, such as acid attacks, to the section. It recognized the severity of these crimes and provided for specific legal provisions to deal with such cases.
- Criminalizing Stalking: The amendment also criminalized stalking as a separate offense, recognizing the importance of addressing stalking as a precursor to more severe crimes, including sexual assault.
- Minimum punishment: Prior to the 2013 Amendment, the Indian Penal Code did not specify a minimum sentence for rape, which is now seven years and can be extended up to life imprisonment with a fine.
- Stringent Punishments:It also introduced fourteen circumstances in which the penalty for rape must be at least ten years in jail and may include imprisonment for the rest of the accused’s natural life or death.
- The act added five new provisions to the section 376, that are as follows:
- Section 376A of IPC: Punishment for causing death or putting the person into a vegetative state. This provision penalizes acts causing injury, putting women in vegetative state, or death to a woman. Offenders face a minimum 20-year sentence, extendable to life imprisonment. The offense is non-bailable and cognizable, tried in the Court of Session.
- Section 376B: Addressing marital rape during separation, this section holds a husband accountable for non-consensual intercourse. It applies when a woman lives separately under judicial separation, and the punishment aligns with Section 375 clauses (a) to (d).
- Section 376C: Rape by a person in authority is punishable under this Section. Punishment includes a sentence of not less than 5 years, that can extend to 10-year sentence and a fine.
- Section 376D: Gang rape offences are punishable under this Section. Punishment includes a sentence of no less than 20 years in jail, tha tcan extend to life imprisonment.
- Section 376E: Punishment for repeat offenders. If a person has been previously convicted of an offence under Section 376, 376 A, or 376 D and commits the same offence again, he or she will be sentenced to life in prison.
Amendmends made in Section 376 IPC by the Criminal Law (Amendment) Act, 2018
After the Kathua rape case in the year 2018 amendmends were made in Section 376 IPC by the Criminal Law (Amendment) Act, 2018. The following changes were made in Section 376:
- Rape of a woman under 12 year of age is made punishable with minimum punishment of 20 years that can extend to life imprisonment, or death.
- Gang Rape of a woman under 12 is made punishable with life imprisonment, a fine, or death.
- Rape of females under 16 is made punishable with minimum punishment of 20 years that can extend to life imprisonment, or death.
- Rape of a female over 16 is made punishable with minimum punishment of 10 years.
Section 376 IPC – Punishment for RapeNature of Section 376 IPCAmendmends made in Section 376 IPC by the Criminal Law (Amendment) Act, 2013Amendmends made in Section 376 IPC by the Criminal Law (Amendment) Act, 2018
Section 376 of the IPC provides for punishment for rape. It prescribes a minimum punishment of seven years imprisonment, extendable to life, and a fine. Repeat offenders may face life imprisonment. If the victim is a minor, the minimum sentence is ten years, extendable to life, and a fine. Gang rape carries a minimum punishment of life imprisonment and a fine. In this article, we will briefly discuss rape, and the punishment provided for rape, amendments under Sections 376, and 376A-E of the Indian Penal Code, 1860.
Table of Content
- What is Section 376 of the IPC?
- Punishment Under Section 376
- Challenges in Implementation of Section 376
- Way Forward
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