In this article, we will discuss the Offence of Rape and the punishment provided for the offence under Section 376 of the Indian Penal Code in detail.

TABLE OF CONTENTS:

I.  What is Rape?

II.  Nature of Offence.

III.  Overview of the Section.

IV.  General Punishment.

V.  Rape of own wife who is below 12 Years.

VI. Special Category of Persons.

What is Rape? 

The word ‘Rape’ as defined under section 375 of Indian Penal Code, 1860 is derived from the Latin term ‘rapio’ which means to seize. Rape ultimately means the ravishment of the woman by force against her will by using the methods of force, fear, or fraud. Rape is a violation, an outrage by all means.

Nature of Offence: The offence of Rape is Non-bailable and cognizable offence which can be tried by the Sessions Court.

Overview of the Section: Section 376 of the Indian Penal Code provides for Punishment for the offence of Rape.

1. The first sub-section talks about a person who commits rape shall be punishable with imprisonment and related cases.

2. The second sub-section talks about various categories of persons which if commits the offence of rape shall be punishable for a different/higher term. These categories of persons include police officer, public servant, a staff of a jail, staff of a hospital, a person committing rape with a pregnant lady with the knowledge of her pregnancy, a person committing rape on a women when she is under twelve years of age, persons committing gang rape.

3. The Explanations (three in number) talks about firstly, the situation which can be termed as gang rape, secondly, the meaning of Women’s or children’s institution,   and thirdly, the meaning of the Hospital.

General Punishment: The sub-section (1) of Section 376 provides that, whoever except for the persons provided in sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years.

Rape of own wife who is below 12 Years: In such case, the person shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: In exceptional circumstances, it may be extended to seven years by providing adequate and special reasons.

Special Category of persons: The following category of persons shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine. : In exceptional circumstances, it may be less than ten years, by providing adequate and special reasons.

1.    A police officer commits rape –

(i). In the police station to which he is appointed; or

(ii).   In the premises of any station house whether in a police station or not, to which he is appointed; or

(iii) On a woman who is in his custody or in the custody of a police officer which is subordinate to him.

2.  A public servant, who takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him.

3.  A person in management or staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

4.  A person in management or staff of a hospital takes advantage of his official position and commits rape on a woman in that hospital.

5.   A person who commits rape on a woman knowing her to be pregnant.

6.   A person who commits rape on a woman when she is less than twelve years of age.

7.   A person who commits gang rape.