08 January 2021
Offence of rape is defined under section 375 of Indian penal code 1860.
Rape is a s*xual offence . The law relating to rape has gone drastic changes after the criminal law amendment to section 375 and section 376 and incorporation of section 376A, 376B, 376C, 376D dealing with custodial rape.
Section 376 of IPC provides for the punishment of offence of rape.
According to Section 376(1) Indian penal code,1860 the punishment for rape shall not be less than seven years but may extend to life imprisonment or a term which may extend to ten years and shall also be liable to fine.
If the woman raped as his own wife and is not below the age of 12 years, the punishment may extend to two years imprisonment or with fine or with both.
Exception to Section 376(1) are given in section 376(2)
it states that if rape is committed by persons listed below, they shall be punished with rigorous punishment of not less than 10 years, but can extend to imprisonment for life and shall also be liable to fine.
(1) Police officer within the limits of the police station, in the premises of any station house,on a woman in the police officer’s custody.
(2)Public servant on a woman’s in his custody.
(3)Member of the armed forces.
(4)Any person in the management of the jail, remand home etc. on inmate of such place.
(5) Any person in Staff/management of a hospital on a woman in that hospital.
(6)By a person who is in a position trust or authority or control or dominance towards a woman on such woman.
(7)By a person who commits rape during communal or sectarian violence
(8)By a person who while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman
(9)By a person who commits rape on a woman knowing her to be pregnant
Section 376-A of the IPC – Punishment for causing death or resulting in persistent vegetative state of victim shall be punished with rigorous imprisonment for a term which shall not be less than 20 years but may extend to imprisonment for life or with death.
Section 376-B of the IPC – Sexual intercourse by husband upon his wife during separation shall be punished with imprisonment of either descripttion 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.
Section 376-C of the IPC– Sexual intercourse by a person in authority shall be punished with rigorous imprisonment of either descripttion for a term which shall not be less than five years, but which may extend to ten years and shall also be liable to fine.
Section 376-D of the IPC– Gang rape it says where a woman is raped by a group of persons, then they shall be punishable with rigorous punishment of not less than 20 years but may extend to life imprisonment and with fine.
Section 376-E of the IPC– Punishment for repeat offenders shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life or with death.