IPC 376 — Punishment for rape

Indian Penal Code, 1860

Statutory text

(1) Whoever,  except   in   the  cases provided for by sub-section (2), commits rape   shall be punished with imprisonment of either description for a term which  shall not be less than seven years but which may be for life or for a  term   which  may extend to ten years and shall also be liable to fine unless the  woman raped is his own wife and is not under twelve  years of age, in  which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:

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 shall not be less than ten years but which may be for life and shall also be liable to fine:
Provided that  the court may, for adequate and special reasons to be mentioned  in the  judgment, impose  a sentence  of imprisonment of either description for a term of less than ten years.
Explanation 1.-Where a women's is raped by one or more in a group of persons  acting in  furtherance of  their common intention, each of the persons  shall be  deemed to  have committed  gang rape within the meaning of this sub-section.
Explanation  2.-"women's  or  children's  institution"  means  an institution, whether  called and  orphanage or  a home  for  neglected women or  children or  a widows'  home or  by any other name, which is established and  maintained for  the reception  and care  of women  or children.
Explanation 3.-"hospital" means the precincts of the hospital and includes the  precincts of  any  institution  for  the  reception  and treatment of  persons during  convalescence or  of  persons  requiring medical attention or rehabilitation.
376A.

Intercourse by a man with his wife during separation.

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