Table of Contents
Section 376 IPC. 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 1 [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 * * * * *
(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.
| Cognizance | Cognizable |
| Bail | Non-Bailable |
| Trial | Sessions Court |
| Compoundability Under Section 320 of Cr.P.C | Non-compoundable |
| Punishment | Imprisonment not less than 10 years or imprisonment for life and fine |
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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 [(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.]
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Section 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.
| Cognizance | Cognizable |
| Bail | Non – Bailable |
| Trial | Sessions Court |
| Compoundability Under Section 320 of Cr.P.C | Non – Compoundable |
| Punishment | Not less than 20 years which may extend to imprisonment for life till death |
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“376D.Punishment for gang rape on a woman twelve years of age.
Where a woman up to twelve years of age, is raped by one or more persons constituting a group of action 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 death, or 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 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 section shall be paid to the victim.”..
| Cognizance | Cognizable |
| Bail | Non – Bailable |
| Trial | Sessions Court |
| Compoundability Under Section 320 of Cr.P.C | Non – Compoundable |
| Punishment | Death or imprisonment not less than 20 years which may extend to imprisonment for life till death and fine |
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Section 376AB. Punishment for rape on woman under twelve years of age.
[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.]
| Cognizance | Cognizable |
| Bail | Non – Bailable |
| Trial | Sessions Court |
| Compoundability Under Section 320 of Cr.P.C | Non – Compoundable |
| Punishment | Death or imprisonment not less than 20 years which may extend to imprisonment for life till death and fine |
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Section 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.
| Cognizance | Cognizable on complaint of the Victim |
| Bail | Bailable |
| Trial | Sessions Court |
| Compoundability Under Section 320 of Cr.P.C | Non – Compoundable |
| Punishment | Imprisonment not less than 2 years which may extend to 7 years and fine |
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Section 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.
| Cognizance | Cognizable |
| Bail | Non – Bailable |
| Trial | Sessions Court |
| Compoundability Under Section 320 of Cr.P.C | Non – Compoundable |
| Punishment | Imprisonment not less than 5 years which may extend to 10 years and fine |
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Section 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.
| Cognizance | Cognizable |
| Bail | Non – Bailable |
| Trial | Sessions Court |
| Compoundability Under Section 320 of Cr.P.C | Non – Compoundable |
| Punishment | Imprisonment not less than 20 years which may extend to imprisonment for life till death and fine |
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Section 376DA. Punishment for gang rape on woman under sixteen years of age.
[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.
| Cognizance | Cognizable |
| Bail | Non – Bailable |
| Trial | Sessions Court |
| Compoundability Under Section 320 of Cr.P.C | Non – Compoundable |
| Punishment | Imprisonment for life till death and fine |
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Section 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.]
| Cognizance | Cognizable |
| Bail | Non – Bailable |
| Trial | Sessions Court |
| Compoundability Under Section 320 of Cr.P.C | Non – Compoundable |
| Punishment | Death or imprisonment for life till death and fine |
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Section 376E. Punishment for repeat offenders.
Whoever has been previously convicted of an offence punishable under section 376 or section 376A or 1 [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.]]
| Cognizance | Cognizable |
| Bail | Non – Bailable |
| Trial | Sessions Court |
| Compoundability Under Section 320 of Cr.P.C | Non – Compoundable |
| Punishment | Death or imprisonment for life till death and fine |
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Frequently asked questions:
Q1. Is Section 376 IPC bailable?
Ans: No, Section 376 IPC is not bailable, it means you cannot seek bail as a right under this section. But this does not mean that if FIR under Section 376 IPC is registered against a person then he cannot apply for Bail or he cannot be granted bail by the Court. The only thing is that Bail is difficult under this section. The facts of the case and the skill of the advocate are very important to get the Bail under this section.
Q2: Can a wife file case under Section 376 IPC against her husband?
Ans: A wife cannot file a case against her husband under section 376 IPC because marital rape is not an offense under Indian laws. In case husband and wife are under legal separation, then on the complaint of the wife FIR can be registered against the husband under Section 376 B IPC. There is a provision of punishment of imprisonment of not less than 2 years which may extend to 7 years and also fine, if convicted.
Q3: Can I get anticipatory bail in 376?
Ans: A person can apply for anticipatory bail if there is an apprehension of arrest under Section 376 IPC. As rape is considered a very grievous offense under the law so the chances of getting relief of anticipatory bail usually are very less. It all depends upon the facts of the case and on the view of the judge hearing the case.
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