What is Section 376D IPC? Gang rape
Published on: Lawiz Team
Learn about Section 376D IPC: Gang rape
Official Legal Text
Where a woman 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 rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 376D punishes anyone who is part of a group of individuals who commit rape against a woman (gang rape).
Purpose
To ensure severe punishment for gang rape, where multiple offenders are involved in the crime.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment not less than 20 years, which may extend to life imprisonment, and fine; In aggravated cases, death penalty.
Key Elements
1. The offence must be rape. 2. It must be committed by two or more persons. 3. The act must be done without the woman's consent.
Punishment Details
Rigorous imprisonment of not less than 20 years, which may extend to life imprisonment, and a fine.
Illustrative Example
If a group of men forcibly assault and rape a woman, it is considered gang rape under Section 376D.
Legal Defenses
If the accused can prove that they were not present at the scene or did not participate in the offence, they may be acquitted.
Related Sections
Related to Section 375 (Rape) and Section 376 (Punishment for rape).
FAQs
What is gang rape under IPC?
When a woman is raped by one or more persons acting in furtherance of a common intention.
Punishment for gang rape?
Rigorous imprisonment not less than 20 years to life and fine.
Cognizable?
Yes, and non-bailable.
Example situation?
Group of men forcibly raping a woman.
Filing procedure?
FIR under Section 376D IPC.
Court jurisdiction?
Sessions Court.
Is compensation mandatory?
Yes, victim is entitled to appropriate compensation.