IPC Section 376 - Punishment for Rape

According to IPC Section 376, whoever commits an offence that is punishable as per Section 376 sub-section (1) or Section 376 sub-section (2), and in the course of such commission inflicts an injury that 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 not less than twenty years, that may extend to imprisonment for life, meaning imprisonment for the remainder of that person’s natural life, or with death.

IPC 376 in Simple Words

In the Indian Penal Code, if someone commits a crime under section 376 and the crime leads to the death of the woman or leaves the woman in a permanent vegetative state, the person who committed the crime can be punished with rigorous imprisonment for a minimum of twenty years, be given life imprisonment, or even the death penalty.

Cited by

• Chaman Lal vs The State Of Himachal Pradesh
• Sakshi vs Union Of India
• State Of Haryana vs Janak Singh
• Pramala Pradip Salunkhe vs The State Of Maharashtra
• State Of Rajasthan vs Biram Lal

Punishment for Sexual Assault

Whoever, other than for such cases that sub-section (2) has provision for, commits sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to 10 years and shall also be liable to pay a fine.

Offence Table

History and Amendments

IPC Section 376 is for punishment for rape. It has been modified several times and currently is quite a strong version of its original self. Various circumstances and situations that were not part of the original Section are now included post the Nirbhaya incident.

Section 376 of the Indian Penal Code talks about the punishment for committing the offence of rape. The Indian law prior to the Nirbhaya incident took into account only acts of penile-vaginal intercourse within the definition of rape and non-consensual acts of penetration of vagina, mouth, urethra, or anus through an inanimate object did not fall within the definition of rape under the Indian Penal Code.

Earlier, an amendment was made to the definition of rape enumerated under Section 375 of the Indian Penal Code in the year 1983, which overhauled the previous definition of rape and also made changes to the punishment but was deemed inadequate. The amendment defined rape as coercive non-consensual sexual intercourse between a man and a woman.

However, after the outrage caused by the Nirbhaya case, the Criminal Amendment Act 2013 was passed that brought consequential changes in the definition and punishment for rape which was proven to be inadequate.

Rape under Specific Conditions

These are some of the conditions that attract more severe punishment under Section 376 of the IPC:

• Rape by police officer
• Rape by a public servant
• Rape by an armed force personnel
• Rape by the management or staff of a jail, remand home
• Rape of a woman under sixteen
• Rape of a woman incapable of giving consent
• Rape during communal or sectarian violence
• Rape of a pregnant woman
• Rape of a woman suffering from mental or physical disability

Learn More

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