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.

Related Judgments

• S.C.R. 1 1 SHATRUGHNA BABAN MESHRAM v. STATE OF MAHARASHTRA — Supreme Court of India (2020)
• S.C.R. 949 SHANKAR KISANRAO KHADE v. STATE OF MAHARASHTRA — Supreme Court of India (2013)
• S.C.R. 613 UNION OF INDIA v. V. SRI HARAN — Supreme Court of India (2015)
• VEERENDRA v. STATE OF MADHYA PRADESH — Supreme Court of India (2022)
• S.C.R. 1027 1027 MOHD. FIROZ v. STATE OF MADHYA PRADESH — Supreme Court of India (2022)
• S.C.R. 809 809 LOCHAN SHRIVAS v. THE STATE OF CHHATTISGARH — Supreme Court of India (2021)
• Appellants(Accused Nos.1and3) vs State rep by — Madras High Court (2002)
• BABA VISHWAKARMA v. THE STATE OF MADHYA PRADESH — Supreme Court of India (2019)

Old <-> New Code Mapping

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