Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Sexual offences
Section 376D: Gang rape
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024.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.
Where a woman is raped by one or more persons constituting a group or acting 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 rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with 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.]
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 376D
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Central Bureau of Investigation v. Sekh Jamir Hossain and Ors.
The respondents herein were granted bail by the High Court for the offences punishable u/ss.143, 144, 147, 148, 149, 427, 326, 376 r/w ss.511 and 34 of IPC, 1860.
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Rabbu @ Sarvesh v. The State of Madhya Pradesh
The appellant was convicted for offences punishable u/ss. 450, 376(2)(i), 376D, 376A and 302 r/w. s.34 of IPC and s.5(g)/6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) awarding death penalty…
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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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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.…
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Bhagw An Singh v. Dilip Kumar @ Deepu @ Depak
Whether the Single Judge of the High Court was justified in granting bail to the respondent-accused in connection with the FIR registered against them by the appellant-uncle of the minor girl alleging gang rape, threat…
- Dinganglung Gangmei v. Mutum Churamani Meetei
- State of Rajasthan v. Asharam @ Ashumal
- Kaushal Kishor v. State of Uttar Pradesh & Ors.
- Xyz v. State of Madhya Pradesh & Ors
- Bhagwani v. The State of Madhya Pradesh
- Manoj Mishra @ Chhotkau v. The State of Uttar Pradesh
- Aparna Bhat & Ors. v. State of Madhya Pradesh & Anr.
- G H P. Gopalkrishnan @ Dileep v. State of Kerala and Anr.
- Atma Ram & Ors. v. State of Rajasthan
- Nipun Saxena & Anr. v. Union of India & Ors.
- Vineet Kumar & Ors. v. State of U.P. & Anr.