What is Section 376AB IPC? Punishment for rape on woman under twelve years of age
Published on: Lawiz Team
Learn about Section 376AB IPC: Punishment for rape on a woman under twelve years of age under Indian Penal Code. Know the legal consequences, punishment, and related laws.
Official Legal Text
Whoever commits rape on a woman under twelve years of age 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, and with fine or with death.
What This IPC Section Means – Explained in Simple Words
Section 376AB punishes the rape of a girl below 12 years of age with imprisonment for life or death penalty.
Purpose
To ensure the harshest punishment for rape of minor girls and serve as a strong deterrent to such crimes.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Minimum 20 years to life imprisonment (natural life), or death, plus fine.
Punishment Details
The convict faces minimum 20 years rigorous imprisonment, which may extend to imprisonment for natural life, or death penalty.
Key Elements
1. Victim must be a girl under 12 years. 2. The act of rape must be proved. 3. Strict liability – severe consequences.
Illustrative Example
If a man is convicted of raping a 10-year-old girl, he can be sentenced to life imprisonment for natural life or even death under Section 376AB.
Legal Defenses
Defenses are very limited due to the gravity. Possible defenses include false accusation, mistaken identity, or absence of evidence.
Related Sections
Related to Section 376 (General rape), Section 376A (rape causing death), and POCSO Act provisions for child protection.
FAQs
What does Section 376AB IPC deal with?
It deals with the punishment for rape committed on a woman under twelve years of age.
How is Section 376AB interpreted under Indian law?
It mandates rigorous imprisonment of not less than 20 years, which may extend to life (natural life), or death penalty.
When is Section 376AB IPC applicable?
It applies when a person is found guilty of committing rape on a minor girl below 12 years of age.
Can you give an example of a case under Section 376AB?
If an adult is convicted of sexually assaulting a 10-year-old girl, he will be punished under Section 376AB.
What are the related sections to Section 376AB IPC?
It is related to Section 376 (general rape), Section 376A (rape causing death or vegetative state), and POCSO Act provisions.
How do courts handle cases under Section 376AB?
Courts treat these cases with utmost seriousness due to the victim’s age and impose maximum punishment where proven.
Is Section 376AB a bailable offence?
No, Section 376AB is a non-bailable offence due to the gravity and seriousness of the crime.