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

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IPC section 376 amendment- Punishment for Rape

Under IPC section  376 amendment, 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. However, 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.

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

 IPC section 376 has already discussed in earlier article, now the latest additional and amendmended IPC sections in relation section 376 i.e.,  (section 376A, section 376B, section 376C, section 376D, section 376E) as under:

376A. (IPC section 376 amendment) 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.

Classification under schedule 1  of CrPC:

Offence

Punishment

Thus person committing an offence of rape and inflicting injury which causes death or causes the woman to be in a persistent vegetative state. Rigorous Imprisonment for 20 years to Imprisonment for Natural-Life or Death

 

Cognizance

Bail

Triable By

Cognizable Non-bailable Court of Session

376B. (IPC section 376 amendment) 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.

Classification under schedule 1  of CrPC:

Offence

Punishment

Sexual intercourse by husband upon his wife during separation Imprisonment 2 to 7 years + Fine

Cognizance

Bail

Triable By

Cognizable (on complaint of victim) Bailable Court of Session

376C.  (IPC section 376 amendment) Sexual intercourse by person in authority.

Whoever, being—

  1. in a position of authority or in a fiduciary relationship; or
  2. a public servant; or
  3. Thus being a 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
  4. However its 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.

Furthermore, Such sexual intercourse not amounting to the offence of rape.

It shall punish with rigorous imprisonment of either description for a term which shall not be less than 5 years, but which may extend to ten years, and shall also be liable to fine.

Explanation l.—

Thus 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.—

Thus “Superintendent”, in relation to a jail, remand home or other place of custody or a women’s or children’s institution. And also 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.—

Thus 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.

Classification under schedule 1  of CrPC:

Offence

Punishment

Sexual intercourse by a person in authority Rigorous Imprisonment for 5 to 10 years + Fine

Cognizance

Bail

Triable By

Cognizable Non-bailable Court of Session

376D. (IPC section 376 amendment ) Gang rape.

Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention. Furthermore under such circumstances each of those persons shall be deemed to have committed the offence of rape. And shall punish 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 further 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.

Classification under schedule 1  of CrPC:

Offence

Punishment

Gang rape Rigorous Imprisonment for 20 years to Imprisonment for Natural-Life + Fine paid to the victim

Cognizance

Bail

Triable By

Cognizable Non-bailable Court of Session

376E. (IPC section 376 amendment) Punishment for repeat offenders.

Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 3760 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.

Offence

Punishment

Repeat offenders Imprisonment for Natural-Life or Death

Cognizance

Bail

Triable By

Cognizable Non-bailable Court of Session

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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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