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Topic : INDIAN CONSITUTION
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By : Karamjeet Singh Saluja, INTELLECTRUAL PROPERTY RIGHTS CONSULTANT, CARE PRO BIOSCIENCE (P) LTD
Industry : Law Functional Area : India
Activity:  3 comments  2232 views  last activity : 12 16 2010 17:39:56 +0000
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376. Punishment for rape…….

(1)  Whoever, except in the cases provided for by sub- section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:

1. Ins. by Act 18 of 1924, s. 4. 2. Subs. by Act 43 of 1983, s. 3 for the heading" Of rape" and ss. 375 and 376.

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

 

(2)  Whoever,-

 

(a)  Being a police officer commits rape-

 

(i)  Within the limits of the police station to which he is appointed; or

 

(ii)  In the premises of any station house whether or not situated in the police station to which he is appointed; or

 

(iii)  On a woman in his custody or in the custody of a police officer subordinate to him; or

(b)  being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or

 

(c)  being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women' s or children' s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

 

(d)  being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

 

(e)  commits rape on a woman knowing her to be pregnant; or

 

(f)  commits rape on a woman when she is under twelve years of age; or

 

(g)  commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years. Explanation 1.- Where a women' s is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub- section. Explanation 2.-" women' s or children' s institution" means an institution, whether called and orphanage or a home for neglected women or children or a widows' home or by any other name, which is established and maintained for the reception and care of women or children. Explanation 3.-" hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.

 

 
2 comments on "Section 376 in The Indian Penal Code, 1860 "
  Commented by  Shiuli Mukherji, Film Producer, Global Films Malaysia    | 06 19 2009 08:15:36 +0000
Constitution lays laws! But the million dollar question is will the judicious judiciary able to prove the accused of the act which he has committed. As of it, now Shiney Shing’s case has started taking the twists and turns just like a bollywood drama plot.
  Commented by  Makrand Bhave, Sales Promotion Manager, XYZ    | 06 18 2009 06:05:47 +0000
Hmm... Shineys career and life have just taken a drubbing after reading the above!! No escape and its good! 
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stunning article...........this how much guilt and pain they have in the mind....
excellent info .thanks for the concept ..
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