IPC Section 376 — Punishment for rape
sexual offences
Criminal
Summary
A person who commits rape is punishable by at least ten years of rigorous imprisonment, which can be extended to life imprisonment, and may also be fined. If the rape is committed by certain individuals—such as a police officer, public servant, member of the armed forces, jail or hospital staff, a relative, guardian, teacher, or someone in a position of trust or authority—or under specific circumstances like during communal violence, on a pregnant woman, on a woman unable to consent, or causing grievous harm, the punishment is at least ten years of rigorous imprisonment, which may mean imprisonment for the rest of the person’s natural life, along with a fine. If the victim is under sixteen years old, the punishment is at least twenty years of rigorous imprisonment, which may also mean imprisonment for the rest of the person’s natural life, and a fine that must be reasonable to cover the victim’s medical expenses and rehabilitation, with the fine paid to the victim.
Official Text
Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
Whoever
being a police officer, commits rape,
within the limits of the police station to which such police officer is appointed; or
in the premises of any station house; or
on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or
being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or
being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or
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, commits rape on any inmate of such jail, remand home, place or institution; or
being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
commits rape during communal or sectarian violence; or
commits rape on a woman knowing her to be pregnant; or
commits rape, on a woman incapable of giving consent; or
being in a position of control or dominance over a woman, commits rape on such woman; or
commits rape on a woman suffering from mental or physical disability; or
while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
commits rape repeatedly on the same woman,
shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine:1
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
Explanations
For the purposes of sub-section 2
“armed forces” means the naval, military and air forces and includes any member of the Armed Forces constituted under any Law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government, or the State Government;
“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;
“police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861;
“women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children.
Related Provisions
rape
Related Judgments
- ..Appellant/Accused vs State Rep by — Madras High Court (2013)
- MODERN TERRY TOWEL LTD v. SOLANKI MULJIBHAI REVABHAI HAR — Supreme Court of India (S)
- S.C.R. 1 1 SHATRUGHNA BABAN MESHRAM v. STATE OF MAHARASHTRA — Supreme Court of India (2020)
- SC (2025) Vol.6 p.1 — Supreme Court of India (2025)
- RAJENDRA PRALHADRAO WASNIK v. STATE OF MAHARASHTRA — Supreme Court of India (2018)
- S.C.R. 949 SHANKAR KISANRAO KHADE v. STATE OF MAHARASHTRA — Supreme Court of India (2013)
- OF RAJASTHAN v. JAMIL KHAN — Supreme Court of India (2013)
- S.C.R. 136 SHIMBHU AND ANR v. STATE OF HARYANA — Supreme Court of India (2013)