VoxJuris
Home › Acts › IPC › Chapter XVI › Section 376E

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

Section 376E: Punishment for repeat offenders

The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024.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 71 (Punishment for repeat offenders)

Whoever has been previously convicted of an offence punishable under section 376 or section 376A or [section 376AB or section 376D or section 376DA or section 376DB,] and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death.]]

State amendments to this section

Chhattisgarh After Section 376E of the Penal Code, the following shall be inserted, namely: — 376F. Liability of person in-charge of workplace and others to give information about offence. —Whoever, being person in-charge of any work place or any other person present at such place, having knowledge that an offence under section 376 or section 376D, is being committed at such place and being in a position to prevent commission of such offence fails so, to prevent such offence or to give information of the commission of such offence, to any magistrate or police officer, by any mode, with the intention of screening the offender from legal punishment, shall be liable to be punished for abetment of such offence with imprisonment of either description which may extend to three years and fine and no such person shall incur any liability for giving such information.

Explanation:—Work-place includes any mode of transport owned, hired or otherwise engaged by the person in-charge of the work place for the conveyance of the woman, who was subjected to such offence, to and from her residence to such work-place. [Vide Chhattisgarh Act 25 of 2015, s. 5].

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 376E