IPC Section 376A — Punishment for causing death or resulting in persistent vegetative state of victim

Summary

If a person commits rape under Section 376 and, during that act, causes an injury that leads to the woman’s death or leaves her in a persistent vegetative state, that person will be punished with at least 20 years of rigorous imprisonment. The punishment can go up to life imprisonment for the rest of the person’s natural life, or even the death penalty.

Official Text

Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death1 of the woman or causes the woman to be in a persistent vegetative state, 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, or with death.

Sections referred to

• IPC §376 — Punishment for rape

Referred to by

• CrPC §26 — Courts by which offences are triable
• CrPC §154 — Information in cognizable cases
• CrPC §161 — Examination of witnesses by police
• CrPC §173 — Report of police officer on completion of investigation
• CrPC §309 — Power to postpone or adjourn proceedings
• CrPC §327 — Court to be open
• IPC §166A — Public Servant disobeying direction under Law
• IPC §376E — Punishment for repeat offenders

Related Judgments

• SHATRUGHNA BABAN MESHRAM vs STATE OF MAHARASHTRA — Supreme Court of India (2020)
• RAVISHANKAR @ BABA VISHWAKARMA vs THE STATE OF MADHYA PRADESH — Supreme Court of India (2019)
• STATE; Represented by:; Mr.Varun Goswami, APP with Insp.; Sandeep Gupt vs RAVI KUMAR & ORS — Delhi High Court (2014)
• RABBU @ SARVESH vs THE STATE OF MADHYA PRADESH — Supreme Court of India (2024)
• MOHD. FIROZ vs STATE OF MADHYA PRADESH — Supreme Court of India (2022)

Old <-> New Code Mapping

• BNS §66 — Punishment for causing death or resulting in persistent vegetative state of victim