Indian Penal Code,1860
Act No : 45
Section :
Punishment for rape.
376. Punishment for rape.--(1) Whoever, except in the casesprovided for by sub-section (2), commits rape shall be punished withimprisonment of either description for a term which shall not be lessthan seven years but which may be for life or for a term which mayextend to ten years and shall also be liable to fine unless the womanraped is his own wife and is not under twelve years of age, in whichcase, he shall be punished with imprisonment of either description fora term which may extend to two years or with fine or with both:----------------------------------------------------------------------1. Ins. by Act 18 of 1924, s. 4.2. Subs. by Act 43 of 1983, s.3 for the heading "Of rape" and ss. 375 and 376.----------------------------------------------------------------------185 Provided that the court may, for adequate and special reasons tobe mentioned in the judgment, impose a sentence of imprisonment for aterm of less than seven years. (2) Whoever,- (a) being a police officer commits rape- (i) within the limits of the police station to which he is appointed; or (ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or (iii) on a woman in his custody or in the custody of a police officer subordinate to him; or (b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or (c) 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 takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or (d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or (e) commits rape on a woman knowing her to be pregnant; or (f) commits rape on a woman when she is under twelve years of age; or (g) commits gang rape,shall be punished with rigorous imprisonment for a term which shallnot be less than ten years but which may be for life and shall also beliable to fine: Provided that the court may, for adequate and special reasons tobe mentioned in the judgment, impose a sentence of imprisonment ofeither description for a term of less than ten years. Explanation 1.-Where a women's is raped by one or more in a groupof persons acting in furtherance of their common intention, each ofthe persons shall be deemed to have committed gang rape within themeaning of this sub-section. Explanation 2.-"women's or children's institution" means aninstitution, whether called and orphanage or a home for neglectedwomen or children or a widows' home or by any other name, which isestablished and maintained for the reception and care of women orchildren. Explanation 3.-"hospital" means the precincts of the hospital andincludes the precincts of any institution for the reception andtreatment of persons during convalescence or of persons requiringmedical attention or rehabilitation.
