Section 376AB IPC: Punishment for Rape of Woman Under Twelve Years of Age
Section 376AB of the Indian Penal Code, 1860 prescribed enhanced punishment where rape was committed on a woman under twelve years of age. The provision was inserted by the Criminal Law (Amendment) Act, 2018 with effect from 21 April 2018.
What is Section 376AB of the Indian Penal Code?
Section 376AB was a specific punishment provision for rape of a woman below twelve years of age. The underlying offence of rape was defined by Section 375 IPC. Section 376AB did not create a separate definition of rape; it prescribed a substantially enhanced sentence where the victim was under twelve years of age.
Text and effect of Section 376AB IPC
Section 376AB - Punishment for rape on woman under twelve years of age
Where a person commits rape on a woman under twelve years of age, the section provides for rigorous imprisonment for a term of not less than twenty years. The sentence may extend to imprisonment for life, meaning imprisonment for the remainder of that person's natural life. The section also permits the punishment of death.
The offender is also liable to fine. The fine must be just and reasonable to meet the medical expenses and rehabilitation of the victim, and any fine imposed under the section is to be paid to the victim.
Punishment under Section 376AB IPC
| Legal point | Position under Section 376AB IPC |
|---|---|
| Minimum imprisonment | Rigorous imprisonment for not less than 20 years |
| Maximum imprisonment | Imprisonment for life, meaning imprisonment for the remainder of the offender's natural life |
| Death penalty | Death is also one of the punishments permitted by the section |
| Fine | Fine is provided in addition to imprisonment; it must be just and reasonable for the victim's medical expenses and rehabilitation |
| Payment of fine | The fine imposed under the section is to be paid to the victim |
Classification of the offence under the Code of Criminal Procedure, 1973
Under the First Schedule to the Code of Criminal Procedure, 1973, as applicable to Section 376AB IPC, the offence was classified as cognizable and non-bailable and was triable by the Court of Session.
| Cognizable or non-cognizable | Cognizable |
|---|---|
| Bailable or non-bailable | Non-bailable |
| Court competent to try | Court of Session |
Meaning of rape for Section 376AB
The expression "rape" for this provision was governed by Section 375 IPC. Section 375 described the sexual acts and circumstances constituting rape. Among other circumstances, sexual acts falling within Section 375 with a woman under eighteen years of age constituted rape irrespective of consent. Section 376AB applied the enhanced punishment where the woman was under twelve years of age.
Relationship with the POCSO Act, 2012
A person below eighteen years is a child for the purposes of the Protection of Children from Sexual Offences Act, 2012. Conduct attracting Section 376AB IPC could therefore also engage provisions of the POCSO Act, depending on the facts of the case. Section 42 of the POCSO Act addresses cases in which the same act or omission is punishable both under POCSO and another law, and provides for punishment under the law that provides the greater punishment.
When was Section 376AB inserted?
Section 376AB was inserted into the Indian Penal Code by Section 5 of the Criminal Law (Amendment) Act, 2018 and took effect from 21 April 2018. The amendment introduced the enhanced punishment specifically for rape of a woman under twelve years of age.
Important distinction from other IPC rape provisions
Section 376AB dealt specifically with rape of a woman under twelve years of age. Other provisions addressed different aggravated forms of sexual offences, including Section 376A for cases causing death or a persistent vegetative state, Section 376DA for gang rape of a woman under sixteen years, and Section 376DB for gang rape of a woman under twelve years.