What is Section 376E IPC? Punishment for repeat offenders
Published on: Lawiz Team
Learn about Section 376E IPC: Punishment for repeat offenders
Official Legal Text
Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376AB or section 376D or section 376DA or section 376DB and is subsequently convicted of an offence punishable under any of the said sections shall be punished with 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 376E provides enhanced punishment for individuals who are convicted of rape multiple times.
Purpose
To ensure strict punishment for repeat offenders of rape, acting as a deterrent against repeated crimes.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, or death.
Key Elements
1. The accused must have been previously convicted of rape. 2. They must commit another offence of rape. 3. The repeat offence must be proven in court.
Punishment Details
Imprisonment for life or death penalty.
Illustrative Example
If a person who has been convicted of rape commits another offence of rape, they are punished under Section 376E.
Legal Defenses
If the accused can prove that they were falsely implicated or that the previous conviction was overturned, they may be acquitted.
Related Sections
Related to Section 375 (Rape) and Section 376D (Gang rape).
FAQs
What does Section 376E IPC specify?
Punishment for persons convicted of rape on two or more occasions.
Punishment under Section 376E IPC?
Life imprisonment till natural death or death penalty.
Is it cognizable?
Yes, highly serious.
Example?
Repeat offender committing another rape offence.
Court jurisdiction?
Sessions Court.
Complaint registration?
FIR and court records showing prior conviction.
Defences possible?
Challenging prior conviction authenticity.