What is Section 376DA IPC? Punishment for gang rape on woman under sixteen years of age
Published on: Lawiz Team
Learn about Section 376DA IPC: Punishment for gang rape on a woman under sixteen years of age.
Official Legal Text
Where a woman under sixteen years of age 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 life, which shall mean imprisonment for the remainder of that person's natural life, and with fine.
What This IPC Section Means – Explained in Simple Words
Section 376DA punishes all members of a group who commit gang rape on a woman under 16 years, treating each as equally guilty.
Purpose
To enforce strict legal consequences for gang rape of minors and ensure deterrence against such heinous crimes.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Rigorous imprisonment for the remainder of natural life, and fine.
Punishment Details
Each offender is sentenced to rigorous life imprisonment (meaning till natural life ends) along with a fine.
Key Elements
1. Victim must be a woman under 16 years. 2. Act must be committed by a group. 3. Common intention among the group must exist.
Illustrative Example
If a group of individuals sexually assault a girl aged 15, all are equally punishable under Section 376DA, irrespective of individual roles.
Legal Defenses
Few defenses are entertained; age of the victim and group participation with common intent is key. Lack of intent or mistaken identity may be argued.
Related Sections
Related to Section 376D (Gang Rape) and Section 376DB (Gang Rape on woman under 12 years).
FAQs
What does Section 376DA IPC deal with?
It deals with the punishment for gang rape committed on a woman under sixteen years of age.
What is the legal interpretation of Section 376DA?
All persons involved in gang rape of a girl under 16 are punished with life imprisonment (natural life) and fine.
When does Section 376DA IPC apply?
It applies when two or more persons act together or with a shared intention to rape a minor girl below 16.
Give an example of a situation covered under Section 376DA?
If a group of men gang rapes a 15-year-old girl, all are equally liable and punished under Section 376DA.
What IPC sections are related to Section 376DA?
It is related to Section 376D (gang rape), 376AB (rape of a girl under 12), and POCSO Act provisions.
How do courts interpret and apply Section 376DA?
Courts ensure strict compliance with the law and impose life imprisonment when gang rape of a minor girl is proved.
Is Section 376DA IPC a bailable offence?
No, Section 376DA is a non-bailable offence due to the severity and nature of the crime.