30 july 2020,
Ipc section 376 , बलात्कार में 376 के अलावा भी होती हैं ये धाराएं, जानें क्या है सजा का प्रावधान

IPC section 376 lays down the punishment for the offence of rape. The first sub-section says that whoever, except in the cases covered under the second sub-section, commits rape shall be punished with simple or rigorous imprisonment for a term which shall not be less than seven years but which may be for life or for a term extending up to ten years, and shall also be liable to fine unless the victim is his own wife and not under twelve years of age, in which case, he shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both. A proviso clause has been attached to this part of the section according to which the court may, for adequate and special reasons to be recorded in the judgment impose a lesser sentence than seven years.

According to the second sub-section, whoever (a) being a police officer rapes a woman (i) within the limits of his police station to which he is appointed; or (ii) in the premises of any station house situated in his police station or not; or (iii) in his custody or in the custody of his subordinate officer; or (b) being a public servant, takes advantage of his official position and rapes a woman in his official custody or in the custody of his subordinate public servant; or (c) being on the management or staff of a jail, remand home or other place of custody established by or under a law in force or of a women’s or children’s institution takes advantage of his official position and rapes any inmate of such jail, remand home, place or institution’; or (d) being on the management or staff of a hospital, takes advantage of his official position and rapes a women in that hospital; or (e) rapes a woman with the knowledge that she is pregnant; or if) rapes a woman under twelve years of age; or (g) commits gang rape, shall be punished with rigorous imprisonment for a term of not less than ten years but which may be for life, and shall also be liable to fine.

There is a proviso attached to this sub-section also, like in the first sub-section, according to which the court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of simple or rigorous imprisonment for a term of less than ten years.

There are three explanations attached to the section the first of which says that where one or more in a group of persons commit rape in furtherance of their common intention, it shall be deemed that each one of them has committed gang rape within the meaning of sub-section (2) (g). The second explanation states that the expression ‘women’s or children’s institution’ means an institution which is established and maintained for the reception and care of women or children, whether it is called an orphanage or a home for neglected women or children or a widow’s home or by any other name.

According to the third explanation, the expression ‘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.

One of the highlights of section 376 as explained above is the provision for minimum mandatory sentence of seven years in case of ordinary rape and of ten years in case of custodial rape. But by providing that the court is free to give a lesser sentence in both cases for which adequate and special reasons are to be given in the judgment, the provision has been watered down.
The measure of punishment in a rape case cannot depend upon the social status of the victim or the accused. It must depend upon the conduct of the accused, age of the victim and gravity of the crime. Crimes of violence against women need to be dealt with severely. The socio¬economic status, religion, race, caste or creed of the accused or victim are irrelevant in sentencing policy. Protection of society and deterring the criminal is the avowed object of the law and that is to be achieved by imposing an appropriate sentence.
The sexual intercourse by a man with his own wife not being under twelve years of age amounting to rape under section 376 is a non-cognizable, bailable and non- compoundable offence, and is triable by court of session. In any other case, the offence under this section is cognizable, non-bailable and non-compoundable, and is triable by court of session.

Tags: #section376 #ipc376 #rape #dhara376 #section375
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