Indian Penal Code 1860
Section 376 :
1.[Punishment for rape:
(See section 64 of BNS 2023)
5.[Classification of Offence:
Offence: Rape.
Punishment : Rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session.
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Offence: Rape by a police officer or a public servant or member of armed forces or a person being on the management or on the staff of a jail, remand home or other place of custody or women’s or children’s institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped.
Punishment :Rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that persons natural life and with fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session
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Offence : Persons committing offence of rape on a woman under sixteen years of age.
Punishment : Rigorous imprisonment for a term which shall not be less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life and with fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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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 2.[shall not be less than ten years, but which may extend to imprisonment for life, and shall also be lible 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 officers 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 servants 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 womens or childrens 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 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
3.[Omitted]
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 persons 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) womens or childrens institution means an institution, whether called an orphanage or a home for neglected women or children or a widows home or an institution called by any other name, which is established and maintained for the reception and care of women or Children.]
4.[(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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1.substituted for section by the Criminal Law (Amendment) Act,2013(No.13 of 2013).
2.Subs. by the Criminal Law (Amendment) Act, 2018 (No.22 of 2018), Sec. 4(a). Published in the Gazette of India, Extra, Part II, Sec. 1 dated 11-08-2018.
3.Omitted by the Criminal Law (Amendment) Act, 2018 (No.22 of 2018), Sec. 4(b). Published in the Gazette of India, Extra, Part II, Sec. 1 dated 11-08-2018.
Prior to this Omitted clause (i) as under :-
(i) commits rape on a woman when she is under sixteen years of age; or
4.Inserted sub-section (3) by the Criminal Law (Amendment) Act, 2018 (No.22 of 2018), Sec. 4(c). Published in the Gazette of India, Extra, Part II, Sec. 1 dated 11-08-2018.
5. Sub. by the Criminal Law (Amendment) Act, 2018 (No.22 of 2018), Sec. 24(a). Published in the Gazette of India, Extra, Part II, Sec. 1 dated 11-08-2018.