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Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Sexual offences

Section 376AB: Punishment for rape on woman under twelve years of age

The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024.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.

Now in the BNS section 65 (Punishment for rape in certain cases)

In plain words

Rape of a girl under twelve years of age is punishable with rigorous imprisonment of at least twenty years, which may extend to imprisonment for life meaning the rest of the person's natural life, and a fine, or with death.

  • The fine must be just and reasonable to meet the victim's medical and rehabilitation expenses, and is paid to the victim.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

Whoever, commits rape on a woman under twelve 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 with fine or with death:

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.]

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 376AB