IPC Section 376E — Punishment for repeat offenders

Summary

If a person has already been convicted of a specific serious sexual offence under certain sections of the law, and is later convicted again for any of those same offences, the court must sentence them to life imprisonment for the rest of their natural life, or to the death penalty. This rule applies only when the person has a prior conviction for one of those listed offences and then commits another such offence.

Official Text

Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section1 376AB or section 376D or section 376DA or section 376DB and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death1.

Sections referred to

• IPC §376 — Punishment for rape
• IPC §376A — Punishment for causing death or resulting in persistent vegetative state of victim
• IPC §376D — Gang Rape
• IPC §376DA — Punishment for gang rape on woman under sixteen years of age
• IPC §376DB — Punishment for gang rape on woman under twelve years of age

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 §327 — Court to be open
• CrPC §357C — Treatment of victims
• CrPC §374 — Appeals from convictions
• CrPC §377 — Appeal by the State Government against sentence
• IEA §53A — Evidence of character or previous sexual experience not relevant in certain cases
• IEA §146 — Questions lawful in cross-examination
• IPC §166A — Public Servant disobeying direction under Law

Related Judgments

• RAJENDRA PRALHADRAO WASNIK vs STATE OF MAHARASHTRA — Supreme Court of India (2018)
• SUPREME COURT WOMEN LAWYERS ASSOCIATION vs UNION OF INDIA & ANR — Supreme Court of India (2016)
• IN RE: GANG RAPE ON ORDERS OF COMMUNITY PANCHAYAT vs IN RE: GANG RAPE ON ORDERS OF COMMUNITY PANCHAYAT — Supreme Court of India (2014)
• RIT FOUNDATION vs THE UNION OF INDIA — Delhi High Court (2022)

Old <-> New Code Mapping

• BNS §71 — Punishment for repeat offenders