Section 376DB · Punishment for gang rape on woman under twelve years of age
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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 imprisonment for life, which shall mean imprisonment for the remainder of that person's
natural life, and with fine, or with death:
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
- Imprisonment for life, fine (no stated ceiling)
- 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 376DBBNS 70
70. Gang rape.
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