Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Sexual offences
Section 376A: Punishment for causing death or resulting in persistent vegetative state of victim
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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 death 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.
State amendments to this section
Arunachal Pradesh Insertion of section 376AA.—After section 376A of the principal act, the following section shall be inserted, namely:- “376AA. Punishment for rape on a women up to twelve years of age.—Whoever commits rape on a women up to twelve years of age shall be punished with death, or rigorous imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life which shall mean imprisonment for the remained of that person’s natural life, and shall also be liable to fine.”. [Vide Arunachal Pradesh Act 3 of 2019, s. 8] Insertion of section 376DA.—After section 376D of the principal Act, the following section shall be inserted namely:— “376D.Punishment for gang rape on a woman twelve years of age.—Where a woman up to twelve years of age, is raped by one or more persons constituting a group of action in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with death, or 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:
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 section shall be paid to the victim.”. [Vide Arunachal Pradesh Act 3 of 2019, s. 9]
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 376A
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Akhtar Ali @ Ali Akhtar @ Shamim @ Raja Ustad v. State of Uttarakhand
Whether the conviction of the appellants, as recorded by the trial Court and affirmed by the High Court, deserves to be upheld or whether they are entitled to acquittal.
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Karandeep Sharma @ Razia @ Raju v. State of Uttarakhand
In a case based on circumstantial evidence, whether the concurrent conviction of the appellant-accused for the kidnapping, rape/sexual assault and murder of a minor is sustainable.
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Chandrabhan Sudam Sanap v. The State of Maharashtra
Matter pertains to the correctness of the order passed by the High Court upholding the conviction of the appellant for rape and murder of the deceased and imposition of death sentence.
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Rabbu @ Sarvesh v. The State of Madhya Pradesh
The appellant was convicted for offences punishable u/ss. 450, 376(2)(i), 376D, 376A and 302 r/w. s.34 of IPC and s.5(g)/6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) awarding death penalty…
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Sharif Ahmed and Another v. State of Uttar Pradesh and Another
Nature of chargesheets filed in some jurisdictions by the State/ Police, without stating sufficient details of the facts constituting the offense or putting the relevant evidence on record; significance of chargesheets…
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Priya Indoria v. State of Karnataka and Ors.
Whether the power of the High Court or the Court of Session to grant anticipatory bail u/s 438 CrPC could be exercised with respect to an FIR registered outside the territorial jurisdict ion of the said Court; and…
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Central Bureau of Investigation v. Narottam
In cases relating to offences arising out of the Vyapam Scam, respondents-accused filed applications seeking direction to supply a Hindi translation of the charge sheet filed by the appel lant in English language.…
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- G H P. Gopalkrishnan @ Dileep v. State of Kerala and Anr.
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- Shankar Kisanrao Khade v. State of Maharashtra