Section 376D · Gang rape
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Where a woman 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 a term which shall not be less than
twenty years, but which may extend to life which shall mean imprisonment for the remainder of that
person's natural life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.
The offence at a glance
- Punishment
- minimum 20 years, fine (no stated ceiling)
- Statutory minimum
- 20 years
- Cognizable
- Cognizable
- Bailable
- Non-bailable
- Compoundable
- Not compoundable
- Triable by
- Court of Session
- Cognizable — Police may arrest without a warrant
- Non-bailable — Bail is at the court's discretion
From the First Schedule to the BNSS (the CrPC's, for IPC offences)
In the new law
IPC 376DBNS 70(1)
70(1)
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