What is Section 376A IPC? Punishment for causing death or persistent vegetative state during rape

Published on: Lawiz Team

Learn about Section 376A IPC: Punishment for causing death or persistent vegetative state during rape

Official Legal Text

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.

What This IPC Section Means – Explained in Simple Words

Section 376A punishes anyone who commits an offence of rape that results in the death of the victim or causes the victim to fall into a persistent vegetative state.

Purpose

To ensure strict punishment for rape resulting in severe consequences like death or permanent vegetative state.

Bailable or Not Bailable & Punishment

Bailable: Non-Bailable, Punishment: Imprisonment not less than 20 years, which may extend to life imprisonment, or death.

Key Elements

1. The offence must be rape. 2. It must result in the death of the victim or cause a persistent vegetative state. 3. The act must be without lawful justification.

Punishment Details

Rigorous imprisonment of not less than 20 years, which may extend to life imprisonment, or death penalty.

Illustrative Example

If a woman is raped and suffers fatal injuries, leading to her death, the offender is punished under Section 376A.

Legal Defenses

If the accused can prove that the act was consensual and did not cause death or vegetative state, they may be acquitted.

Related Sections

Related to Section 375 (Rape) and Section 376 (Punishment for rape).

FAQs

What does Section 376A IPC cover?

Rape resulting in death or persistent vegetative state of victim.

Punishment under Section 376A IPC?

Death or rigorous imprisonment for a minimum of 20 years, extending to life imprisonment.

Is it cognizable?

Yes, highly serious offence.

Example?

Rape resulting in victim’s coma.

Where to file complaint?

Police FIR followed by judicial proceedings.

Jurisdiction?

Sessions Court with fast-track preference.

Possible defence?

Medical evidences critical for defence.