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

Section 376A: Punishment for causing death or resulting in persistent vegetative state of victim

The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024.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 66 (Punishment for causing death or resulting in persistent vegetative state of victim)

Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, 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, or with death.

State amendments to this section

Arunachal Pradesh Insertion of section 376AA.—After section 376A of the principal act, the following section shall be inserted, namely:- “376AA. Punishment for rape on a women up to twelve years of age.—Whoever commits rape on a women up to twelve years of age shall be punished with death, or rigorous imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life which shall mean imprisonment for the remained of that person’s natural life, and shall also be liable to fine.”. [Vide Arunachal Pradesh Act 3 of 2019, s. 8] Insertion of section 376DA.—After section 376D of the principal Act, the following section shall be inserted namely:— “376D.Punishment for gang rape on a woman twelve years of age.—Where a woman up to twelve years of age, is raped by one or more persons constituting a group of action in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with death, or 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 shall also be liable to fine:

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.”. [Vide Arunachal Pradesh Act 3 of 2019, s. 9]

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 376A