Section 376 of the Indian Penal Code is a provision related to the punishment for committing the offense of rape. Rape is defined under section 375 of IPC as a criminal offense involving non-consensual sexual intercourse, including penile-vaginal penetration or any other form of penetration without the consent of the victim. It defines the offense of rape, specifying a minimum punishment of seven years imprisonment, extendable to life, and a fine. Repeat offenders face life imprisonment, and those raping minors receive a minimum term of ten years, extendable to life, along with a fine. Public servants committing rape can be sentenced to a minimum of ten years of rigorous imprisonment, extendable to life, and a fine. Gang rape carries a minimum punishment of life imprisonment and a fine.

The Court can provide for imprisonment for less than 7 years under special circumstances. Clause 2 of Section 376 has subclauses (a) to (g) which provide punishment for aggravated forms of rape such as rape on a pregnant woman, custodial rape, gang rape, rape by a police officer, or by a public servant, etc

The overview of Section 376 of the IPC is as follows:

• Section 376(A): Punishment for Rape
• Section 376(B): Punishment for Repeat Offenders
• Section 376(C): Punishment for Rape of Minor
• Section 376(D): Punishment for Rape by a Public Servant
• Section 376(E): Punishment for Gang Rape

Section 376(2)(n) of the Indian Penal Code (IPC)

If a person commits rape on the same woman more than once, they will be punished with rigorous imprisonment for a minimum of ten years, a maximum of life in prison, which would mean they would be imprisoned for the rest of their natural life, as well as a fine.

Section 376(3) of the Indian Penal Code (IPC)

According to Article 20, Karnataka High Court declared that no Conviction Under Section 376(3) IPC for Rape of a Woman Under 16 Years Old Committed Before 2018 Amendment.

Nature of Section 376 IPC

Nature of Section 376 IPC can be described as follows:

Non-Bailable

Section 376 offenses are not subject to bail, meaning that the accused does not have the right to be released on bond as is the case with offenses that are subject to bail. Only in cases when he thinks it appropriate for the case can the court grant the offender bail.

Cognizable

The offense punishable under Section 376 of the IPC, which is the one committed under Section 375, is a cognizable offense. A cognizable offense is one for which a police officer may make an arrest without a warrant and launch an inquiry without the approval of the court under the first schedule or any other applicable laws. Examples of crimes that are punishable by law include murder, rape, kidnapping, theft, dowry deaths, and other heinous or severe crimes. A First Information Report is only generated by cognizable offenses (FIR).

Trialable in any Court

The first schedule of the 1973 Code of Criminal Procedure (CrPC) states that any court sitting in India may try a case involving rape.

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.