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The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024.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.
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
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Satauram Mandavi v. The State of Chhattisgarh & Anr.
Matter pertains to the retrospective application of the amended provision-s.6 POCSO Act, to the incident which took place prior to the amendment.
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Waris v. State of Madhya Pradesh
Whether Trial Court ought to have given proper time and opportunity to the legal aid defence counsel to prepare the matter and should have deferred the cross-examination of PW-1 by a reasonable time so as to ensure…
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Sunita Devi v. The State of Bihar & Anr.
Need for a comprehensive sentencing policy. Trial against the accused under Protection of Children from Sexual Offences Act, 2012 was conducted by the judicial officer in utmost haste and the accused was denied due…
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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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Bhaggi @ Bhagirath @ Naran v. The State of Madhya Pradesh
The capital punishment awarded to the petitioner-convict for the conviction u/s. 376 AB, IPC was not confirmed and it was commuted to imprisonment for life, which, going by the provisions thereunder, means imprisonment…
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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.…
- The State of Maharashtra & Anr. v. Dr. Maroti S/O Kashinath Pimpalkar
- G H P. Gopalkrishnan @ Dileep v. State of Kerala and Anr.
- Nipun Saxena & Anr. v. Union of India & Ors.