Punishment for Rape - Section 376
Section 376 of IPC deals with punishment for rape. Section 376 reads as,Whoever, except provided by sub-section (2), commits rape to be punished with imprisonment of either description for a term not less than seven years and maybe for life or for ten years and with fine unless the victim is his own wife and is not below twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the decision, imposing imprisonment for a term of fewer than seven years. Whoever,— a) Being a police officer commits rape— (i) within his police station limit or (ii) In the police station premises (iii) on a woman in custody or in the custody of a subordinate officer b) A public servant, using his official position and rapes a woman in his custody or in the custody of a public servant subordinate to him; or c) The management or staff of remand home or other custody under any law or of an institution for women and children takes misusing his official position and rapes on an inmate. d) The management or hospital staff, taking advantage of his official position and rapes a woman in that hospital; or e) Raping a pregnant women f) Raping a girl below 12 years of age g) Gang rape be punished with rigorous imprisonment not be less than ten years but which may be for life and shall also be liable to fine Consult the best criminal lawyer online Section 376 deals with punishment for rape, it is contained in chapter XVI of the IPC. This chapter deals with offences affecting the human body Under the Indian penal code, sexual offences including rape and sodomy are discussed in sections 375 to 377.In the Indian Penal Code, the offence of rape is defined in section 375 of the code. As provided by this section of the Indian Penal Code, rape is committed by a man if he into vagina penetrates his penis, mouth, urethra or into anus of women or inserts any object, or penetrating any part into the vagina, urethra, and anus of a woman or put in his mouth into the vagina, urethra or anus of a woman or makes her do so with him or any other person, under the circumstances falling under following descriptions: Opposed to her will. In the absence of her consent. With consent when it has been acquired by threatening her. Obtaining consent by misleading her that she is lawfully married to him. Because of unsoundness of mind or intoxication consent is given. With or without consent a minor girl. When she couldn’t give consent Further, the section states insertion can be “ to any extent” even slightly and partially. Injuries to the private part of the woman is not essential. A person is guilty only on the fact of penetration. Thus punishment for the offence of rape is specifically stated in section 376 of IPC. Section 376 of IPC imposes rigorous imprisonment for 10 years which can be extended up to life imprisonment. The entities like a public servant, police officers, members of armed forces, management of staff or jail specified separately, or if the rape is committed repeatedly on the same woman, are liable to be punished with rigorous imprisonment for not less than 10 years and can be extended up to imprisonment for life and will also be liable for a fine for the same.
This provision is intended to prevent sexual abuse against women by the doctor as the “ doctor ” is in a fiduciary position and the patient trusts him with his acts, therefore, this provision limits the sexual abuse especially by the doctors.
After the Nirbhaya Case, 2012, several modifications were made such as the imprisonment for rape was extended to 10 years, 3 years was imposed for stalking under Section 354D of the IPC, under Section 376D punishment for Gang rape was increased from 10 years to 20 years. The acts like physical contact, words or gestures, demand or request for several favors, showing pornography against the will of a woman, or making sexual remarks are now considered offence, and laws are made under IPC.
The offence of rape according to the IPC section 376 is a very brutal offence and it is strictly condemned in terms of criminal law. The offence of rape is a cognizable offence, thus it is heinous crime. It is an offence that is non-bailable meaning that the bail cannot be given as a matter of right. The court also exercises the discretion whether to grant or not grant the bail.
Anyone who is either a victim of a crime, a person who is a witness to a crime or who has information about the crime can file an FIR (online or offline). The term sexual violence not only includes rape it also defines offences like sexual harassment, sexual assault, voyeurism, stalking, molesting, and trafficking.
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A victim is free to choose whether to report a crime or not, if you desire to punish the offender and for justice, you should act and report the incident. A victim should be admitted to a public hospital immediately after the incident and give a statement to the police regarding the events and take the evidence. A complaint can be registered at the nearby police station. When a complaint is registered they will take a detailed statement and take your medical examination.
In the Shakthi Mills Case the Bombay High Court last month handed down a judgment upholding the validity of Section 376E of the Indian Penal Code, which authorizes the imposing the sentence of life or capital punishment to offenders on their second rape conviction.
Evidence is important in a sexual offence trial so it is important to preserve evidence. So it is important to visit the nearest hospital for a medical check-up as soon as possible after the incident. The victim should not bathe or change dress even underwears as evidence may be lost. The victim should immediately go to the hospital and take care not to wash mouth or to urinate.
A copy of the FIR registered should be obtained from the police station. It can be obtained by the victim of family members for free.
This article was written by Mr. Kamal M, BSc. LLB, Government Law College, Trivandrum.| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Rape | Rigorous Imprisonment for 10 years to Imprisonment for Life + Fine | Cognizable | Non-bailable | Court of Session |
| Rape by a person who is a relative or who holds an authoritative position or a position of trust towards the person raped such as by a public servant(as defined under section 21 of IPC) or a police officer, or a member of the armed forces or by someone wh | Rigorous Imprisonment for 10 years to Imprisonment for Natural-Life + Fine | Cognizable | Non-bailable | Court of Session |
| Persons committing offence of rape on a woman under sixteen years of age. | Rigorous Imprisonment for 20 years to Imprisonment for Natural-Life + Fine | Cognizable | Non-bailable | Court of Session |
| Offence | Rape |
|---|---|
| Punishment | Rigorous Imprisonment for 10 years to Imprisonment for Life + Fine |
| Cognizance | Cognizable |
| Bail | Non-bailable |
| Triable By | Court of Session |
| Offence | Rape by a person who is a relative or who holds an authoritative position or a position of trust towards the person raped such as by a public servant(as defined under section 21 of IPC) or a police officer, or a member of the armed forces or by someone wh |
| Punishment | Rigorous Imprisonment for 10 years to Imprisonment for Natural-Life + Fine |
| Cognizance | Cognizable |
| Bail | Non-bailable |
| Triable By | Court of Session |
| Offence | Persons committing offence of rape on a woman under sixteen years of age. |
| Punishment | Rigorous Imprisonment for 20 years to Imprisonment for Natural-Life + Fine |
| Cognizance | Cognizable |
| Bail | Non-bailable |
| Triable By | Court of Session |
