Oct 30, 2017
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IPC 376 overview – Punishment for Rape in India

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IPC 376- Punishment for Rape

Under IPC 376, the Punishment for rape has being pronounce which stated maximum punishment  for this grave offence as capital punishment.

Punishment varied from imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also liable to fine. Furthermore, after 3 February 2013, the definition was revised through the Criminal Law Amendment Act 2013, which also raised the legal age of minor to eighteen.

Section 375 of IPC, is define as under after the criminal amendment law 2013:

IPC– section 375. A man is said to commit “rape” if he:––

(a) Penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or

(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or

(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:

  1. Firstly.–– Against her will.
  2. Secondly. –– Without her consent.
  3. Thirdly. –– With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.
  4. Fourthly. –– With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
  5. Fifthly.–– With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome Substance, she is unable to understand the nature and consequences of that to which she gives consent.
  6. Sixthly. –– With or without her consent, when she is under eighteen years of age.
  7. Seventhly. –– When she is unable to communicate consent.

Explanation 1.––

For the purposes of this section, “vagina” shall also include labia majora.

Explanation 2.––

Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act

Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Exceptions ––

1. A medical procedure or any intervention shall not constitute rape;

2. Sexual intercourse or any sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Under IPC 376, Punishment for rape has being given as under:

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

    1. A police officer, commits rape,

      1. within the limits of the police station to which such police officer is appointed; or

      2. in the premises of any station house; or

      3. on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or

    2. Thus,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

    3. Member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or

    4. 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

    5. Being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or

    6. Thus 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

    7. Commits rape during communal or sectarian violence; or

    8. Futhermore, commits rape on a woman knowing her to be pregnant; or

    9. Commits rape on a woman when she is under sixteen years of age; or

    10. Commits rape, on a woman incapable of giving consent; or

    11. Being in a position of control or dominance over a woman, commits rape on such woman; or

    12. Commits rape on a woman suffering from mental or physical disability; or

    13. While committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or

    14. Commits rape repeatedly on the same woman.

shall punish with rigorous imprisonment for a term which shall not 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 liable to fine.

Explanations
  1. Thus for this purposes of this sub-section-
    1. “armed forces” means the naval, military and air forces and includes any member of the Armed Forces constituted. Which is 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;
    2. “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;
    3. “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861;
    4. “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 establish and maintained for the reception and care of women or children.

Classification under schedule 1  of CrPC:

Offence

Punishment

1. Rape 1.      Rigorous Imprisonment for 7 years to Life + Fine
2.    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 of by a near relative of the person raped 2. Rigorous Imprisonment for 10 years to Imprisonment for Natural-Life + Fine

Cognizance

Bail

Triable By

  1. Cognizable
  2. Cognizable
  1. Non-bailable
  2. Non-bailable
  1. Court of Session
  2. Court of Session

For the further section related to punishment for rape click→ under IPC 376 amendment i.e., (section 376A, section 376B, section 376C, section 376D, section 376E )

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Article Categories:
IPC (Indian penal code)

Renuka is a Final Year LL.B. student at Siddharth College of Law. She has done her Bachelors in Banking & Insurance and has also completed her Masters in Business Management . She likes to participate in legal workshops and Moot Courts. Besides her interest in law, she has a keen aptitude for legal research and is good at putting her analysis into words.

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