Gang Rape - IPC Section 376D
The word ‘Rape’ has derived from the Latin term ‘rapere’ which means to seize or abduct. Rape or gang rape is a very heinous crime that is punishable in the eyes of law. The effects of rape can include both physical as well as psychological trauma. Women often suffer health issues and reproductive problems after the rape and the mental instability continues for a very long time. Rape is a social problem and the victims suffer from physical, mental, and emotional consequences as well as several other traumas which ruins their life. Section 375 to 376D (375, 376A, 376B, 376C, 376D) of Indian Penal Code 1860 includes the definition of rape and punishments for committing these crimes. Rape is an act of forcing sexual intercourse upon another person against their will or without their consent. In this blog, we will discuss Gang rape in detail. What is Section 376D of IPC? Section 376D of IPC deals with gang rape. It states that “When a woman is raped by one or more persons which constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the rape and shall be sentenced with rigorous imprisonment for a term which must not be less than 20 years, but which may extend to life which shall mean imprisonment for the remainder of the natural life of the person, and with fine. Such a fine must be just and reasonable in order to meet the victim’s medical expenses and rehabilitation further, provided that any fine imposed under this section shall be paid to the victim. This provision for gang rape recognizes that this is not necessary for each member of the group to actually commit the crime of rape to have a high degree of culpability. The law punishes any activity which is done in furtherance of the common intention of the group as if it was the offence of rape itself. This means that even those persons who stand guard at doors cannot get away with a lesser punishment by claiming that they did not actually commit the sexual assault. Consult the best lawyer online Prosecution of women for Gang Rape: The question, ‘whether a female can commit the offence of rape’ is well settled by the non-ambiguous language of section 375 of IPC which specifically states that the act of rape can only be done by a ‘man’ and not by “any person”. Therefore, a woman cannot commit rape. But there is perplexity related to the commission of “gang rape” by women.
Is IPC 376D a cognizable offence or a non-cognizable offence?
Offence under section 376D of IPC which deals with Gang Rape is considered as a cognizable offence. This offence is triable by the court of session.
Is IPC 376D bailable or non-bailable?
The offences under Section 376D of IPC have been categorized as non-Bailable offences. This is also considered a non-compoundable offence under the provisions of CrPC.
What is the punishment for offences under IPC 376D?
As per section 376D of the Indian Penal Code, the convict shall be punished with rigorous imprisonment for not less than 20 years to imprisonment for natural life and with a fine to be paid to the victim
How to file or defend your case having constituents of offences under IPC 376D?
The case under Section 376D will simply be whistled by registering a First Information Report at the nearest police station to the place of occurrence. Delay in this matter leads to wiping out important evidence.
How to defend: Section 376D of IPC deals with Gang rape which is a very serious charge. So, when someone is charged under this section, then they are advised to hire an expert criminal lawyer who has experience in dealing with criminal matters. The offence under section 376D is non-bailable, cognizable, and non-compoundable due to which it is very difficult for an accused to get bail. Therefore, an experienced lawyer will be able to guide on the available defenses, pleas, and bargains likely to be offered and the expected result of the trial, depending upon the facts and circumstances of the case.
Important Judgements:
Mohan Lal & Anr Vs. State of Punjab (2013)12SCC519: A group of teachers including the Director of Education of Punjab State had forcibly raped a student. The trial court sentenced the imprisonment of ten years on the accused and a fine was also imposed, default of such fine will make them go under further rigorous imprisonment for a duration of one year and six months respectively.
The Supreme Court had responded to the accused’s appeal by stating that, this was a case of gang rape by the teachers of their student girl and the trial court’s punishment of ten years of rigorous imprisonment can easily be converted to a punishment of life imprisonment for all the accused individuals.
Shimbhu and Anr. vs State of Haryana (2014)13SCC318: In this case, the victim, in this case, was gang-raped by the accused. The additional session judge sentenced the accused to ten years of rigorous imprisonment along with a fine. The High court also upheld this decision. The accused filed an appeal claiming that he should be awarded lesser punishment as there has been a compromise between the parties. The court dismissed these contentions on the grounds that gang rape is a non-compoundable offence and cannot be considered a leading factor in reducing the punishment, as there may be a possibility that the victim had been pressurized for the compromise.
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Nirbhaya Gang Rape Case: The deceased victim, a 23-year-old female was brutally raped and tortured in a moving bus by six men including a minor. The victim was tortured to such an extent that she was not only raped but also forced to have anal sex, after that the accused inserted an iron rod into her genitals, and her intestines were pulled out of her body and her genitals were damaged. After raping her, she along with her male friend who was severely injured and unconscious while attempting to save her were thrown out naked of the moving bus on a winter night on the roads of Delhi.
The Court sentenced the death penalty to the five adults accused of gang rape. Out of them, one committed suicide in jail, and the rest were hanged to death. Further, the accused who was a minor was sent to a reform facility for three years.
This article on IPC section 376D is written by Ms. Puja, BBA LL. B a final year student at UPES Dehradun| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Gang Rape | Imprisonment, of 20 years to lifetime imprisonment and fine to be paid to the victim | Cognizable | Non-Bailable | Court of sessions |
| Offence | Gang Rape |
|---|---|
| Punishment | Imprisonment, of 20 years to lifetime imprisonment and fine to be paid to the victim |
| Cognizance | Cognizable |
| Bail | Non-Bailable |
| Triable By | Court of sessions |
