What is Section 376DB IPC? Punishment for gang rape on woman under twelve years of age
Published on: Lawiz Team
Learn about Section 376DB IPC: Punishment for gang rape on a woman under twelve years of age under Indian Penal Code.
Official Legal Text
Where a woman under twelve 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 or with death.
What This IPC Section Means – Explained in Simple Words
Section 376DB prescribes life imprisonment or death penalty for gang rape of a girl under 12, with all participants held equally liable.
Purpose
To provide maximum deterrence and strictest punishment for the horrific crime of gang raping a minor girl below 12 years of age.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Life imprisonment till natural life ends, or Death, along with fine.
Punishment Details
The punishment is either rigorous imprisonment for the remainder of natural life or the death penalty, plus fine.
Key Elements
1. The victim is a girl under 12 years. 2. The crime is committed by two or more persons as a group. 3. Common intention to commit the offence must exist.
Illustrative Example
If a gang rapes an 11-year-old girl, each member of the group faces life imprisonment or death under Section 376DB.
Legal Defenses
Legal defenses are extremely limited due to the gravity. However, defenses may involve proving mistaken identity or lack of participation.
Related Sections
Closely related to Section 376D (Gang Rape), Section 376DA (Gang Rape on woman under 16), and POCSO Act provisions.
FAQs
What does Section 376DB IPC deal with?
It deals with the punishment for gang rape committed on a woman under twelve years of age.
What is the legal interpretation of Section 376DB?
It mandates life imprisonment for the natural life of the offender or the death penalty for gang rape of a girl under 12.
When does Section 376DB IPC apply?
It applies when two or more persons commit rape together on a minor girl who is below 12 years of age.
Give a real-life example that falls under Section 376DB?
If a gang of men rapes an 11-year-old girl, all participants are punished with life imprisonment or death under this section.
Which IPC sections are related to Section 376DB?
It is linked to Sections 376D (gang rape), 376DA (rape on girl under 16), and POCSO provisions.
How do courts apply Section 376DB IPC?
Courts take strict action and impose the highest penalties when gang rape of a girl under 12 is proven.
Is Section 376DB a bailable offence?
No, it is a non-bailable offence due to the heinous nature and the young age of the victim.