Section 376 IPC

1. What is Section 376 of the IPC?

Under Section 376 of the Indian Penal Code, punishment for rape has been provided. It prescribes punishment of seven years imprisonment, extendable to life, and a fine.

2. Is the offence of rape gender-neutral?

No, as prescribed in the Section 375 IPC, rape can only be committed by a man on a woman. For the offense related to the rape a woman cannot be convicted and even if she is part of a crime like gang rape, she will be held liable only for abetment to the crime, but not for the actual offence. 

3. When is death penalty granted to a person who has been convicted of rape?

If the offense of rape was committed brutally, the convict shall be granted the death penalty. For example the case of Nirbhaya gang-rape where the convicts were sentenced to death.

4. What is the punishment for rape as stated under Section 376 IPC?

The minimum punishment for rape under Section 376 is imprisonment for 7 years, which may be extended to a period of 10 years in some cases, including rape by a public servant or rape of a minor. The maximum limit of punishment is life imprisonment and even the death penalty in severe cases.

5. What are the challenges in implementing Section 376?

Challenges in implementing section 376 are undereprting of cases, social stigma, delayed justice, lack of sensitization among law enforcement officials and lack access to proper counseling, support services, and rehabilitation.

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.