Challenges in Implementation of Section 376

Section 376 of the Indian Penal Code provides for the offenses related to rape. Some of the challenges related to its implementation include:

Justice is often delayed due to long legal proceedings.
Many rape cases go unreported as the victim is discouraged from reporting incidents due to social stigma, fear, and lack of faith in the legal process.
Survivors of the rape cases often face victim-blaming and social stigma.
Lack of access to support services, proper counseling, and rehabilitation to the victim.
There is secondary victimization as there is lack of sensitization among law enforcement officials, the judiciary and medical professionals.
It is often challenging to proving rape cases especially in cases where there are no witnesses.
There is no specific legislation to address marital rape.

Section 376 IPC – Punishment for RapeNature of Section 376 IPCAmendmends made in Section 376 IPC by the Criminal Law (Amendment) Act, 2013Amendmends made in Section 376 IPC by the Criminal Law (Amendment) Act, 2018

Section 376 of the IPC provides for punishment for rape. It prescribes a minimum punishment of seven years imprisonment, extendable to life, and a fine. Repeat offenders may face life imprisonment. If the victim is a minor, the minimum sentence is ten years, extendable to life, and a fine. Gang rape carries a minimum punishment of life imprisonment and a fine. In this article, we will briefly discuss rape, and the punishment provided for rape, amendments under Sections 376, and 376A-E of the Indian Penal Code, 1860.

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