Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Sexual offences
Section 376DB: Punishment for gang rape on woman under twelve years of age
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
Gang rape of a girl under twelve years of age is punishable, for each offender, with imprisonment for life meaning the rest of the person's natural life, and a fine, or with death. The fine is paid to the victim to meet medical and rehabilitation expenses.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
Where a woman under twelve years of age 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 imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine, or with death:
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 376DB
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Anna Waman Bhalerao v. State of Maharashtra
Whether the High Court was justified in rejecting the anticipatory bail applications of the appellants; issue of inordinate delay by Courts in deciding the bail and anticipatory bail applications.
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Khem Singh (D) Through Lrs v. State of Uttaranchal (Now State of Uttarakhand) & Another Etc.
During pendency of these appeals, son of original appellant (since deceased) filed an application seeking setting aside of the abatement and for substitution. Whether the applicant is entitled to be substituted in place…
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M/s Celestium Financial v. A. Gnanasekaran Etc.
Issue arose as regards the maintainability of an appeal under proviso to s.372 CrPC against order of acquittal in a case instituted upon a private complaint u/s.138 Negotiable Instruments Act, by treating the…
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Union of India Thr. I.O. Narcotics Control Bureau v. Man Singh Verma
Issue arose whether the contours of s.439 CrPC permit the grant of compensation by the High Court to the appellant for alleged wrongful confinement for four months in a matter of possession of narcotic substances.
- Puja Manorama Dilip Khedkar v. The State of NCT of Delhi & Anr
- Manju Bidhuri v. State of NCT of Delhi & Anr
- Waseem Seikh v. State of NCT Delhi
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Dhanraj Aswani v. Amar S. Mulchandani & Anr.
Whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 is maintainable at the instance of an accused while he is already in judicial custody in connection with his…
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Manik Madhukar Sarve & Ors. v. Vitthal Damuji Meher & Ors.
Respondent no.1 was released on bail by the High Court for offences punishable under Sections 409, 420, 467, 468, 471 and 120-B of the Penal Code, 1860 and Section 3 of the Maharashtra Protection of Interest of…
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Shajan Skaria v. The State of Kerala & Anr.
Whether Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 imposes an absolute bar on the grant of anticipatory bail in cases registered under the said Act; when can it be said…
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Frank Vitus v. Narcotics Control Bureau & Ors.
The appellant was ordered to be enlarged on bail subject to various terms and conditions incorporated in the said order. The petitioner is aggrieved by the two conditions imposed while granting bail. The two conditions…
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Sunita Devi v. The State of Bihar & Anr.
Need for a comprehensive sentencing policy. Trial against the accused under Protection of Children from Sexual Offences Act, 2012 was conducted by the judicial officer in utmost haste and the accused was denied due…
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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…
- Mahendra Gambhir v. Serious Fraud Investigation Office
- Abraham George v. Serious Fraud Investigation Office
- Yogesh Sudhanshu Kumar v. Serious Fraud Investigation Office
- Nitin Garg v. Union of India & Anr
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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…
- Ashish Mittal v. Directorate of Enforcement & Anr
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State of Haryana v. Dharamraj
In instant appeal, the State seeks cancellation of anticipatory bail granted to the sole respondent by the Single Judge of the High Court.
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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.…
- Yashdeep Chahal v. Union of India & Ors
- Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- G H P. Gopalkrishnan @ Dileep v. State of Kerala and Anr.
- Pradeep Ram v. The State of Jharkhand & Anr.
- Nipun Saxena & Anr. v. Union of India & Ors.
- Sushila Aggarwal & Ors. v. State (Nct of Delhi) & Anr.