Section 376DB IPC: Punishment for Gang Rape on Woman Under Twelve Years of Age

Section 376DB of the Indian Penal Code, 1860 prescribed the punishment where a woman under twelve years of age was raped by one or more persons constituting a group or acting in furtherance of a common intention. Each such person was deemed to have committed the offence of rape.

Section 376DB IPC - Statutory Provision

Meaning and Essential Ingredients of Section 376DB

Section 376DB was a specific aggravated gang rape provision. For the section to apply, the statutory conditions had to bring the case within the provision. In particular:

• the victim had to be a woman under twelve years of age;
• rape had to be committed by one or more persons constituting a group, or by persons acting in furtherance of a common intention;
• the provision created a deeming rule under which each person falling within the group or common-intention requirement was deemed to have committed the offence of rape; and
• upon conviction under Section 376DB, the punishment prescribed by the section applied to each offender.

What Was the Punishment Under Section 376DB IPC?

The section prescribed either imprisonment for life for the remainder of the offender's natural life together with fine, or death. The statutory expression concerning life imprisonment was therefore more specific than an ordinary reference to imprisonment for life: the section itself stated that it meant imprisonment for the remainder of that person's natural life.

Meaning of Gang Rape and Common Intention in Section 376DB

The section did not limit liability only to the person who physically committed the sexual act. Its wording covered persons constituting a group or acting in furtherance of a common intention and expressly deemed each such person to have committed rape. This statutory deeming provision was central to the operation of Section 376DB.

For the underlying definition of rape under the IPC, see Section 375 IPC - Rape. The general gang rape provision was contained in Section 376D IPC - Gang rape.

Fine, Medical Expenses and Rehabilitation of the Victim

Section 376DB contained two specific safeguards concerning fine. First, the amount had to be just and reasonable for meeting the victim's medical expenses and rehabilitation. Second, the fine imposed under the section had to be paid to the victim. These requirements formed part of the statutory punishment itself.

Section 376DB and Other IPC Provisions

The IPC contained separate aggravated provisions based on the circumstances and age of the victim. Section 376AB IPC dealt with rape on a woman under twelve years of age, while Section 376DA IPC dealt with gang rape on a woman under sixteen years of age. Section 376DB specifically addressed gang rape where the victim was under twelve years of age.

Insertion of Section 376DB by the Criminal Law Amendment Act 2018

Section 376DB was inserted by Section 6 of the Criminal Law (Amendment) Act, 2018 (Act 22 of 2018), with effect from 21 April 2018. The same amendment inserted Section 376DA and made connected changes to criminal procedure for the newly introduced aggravated sexual offences.

Pre-BNS Procedural Classification

Under the pre-BNSS Code of Criminal Procedure framework, the offence under Section 376DB was classified as cognizable and non-bailable and was triable by a Court of Session. The 2018 criminal-law amendments also introduced special bail-hearing requirements for specified serious rape offences, including Section 376DB.

Important Related IPC Sections

• Section 375 IPC - Rape
• Section 376 IPC - Punishment for rape
• Section 376AB IPC - Rape on woman under twelve years
• Section 376D IPC - Gang rape
• Section 376DA IPC - Gang rape on woman under sixteen years
• Section 376E IPC - Punishment for repeat offenders

Legislative note: Section 376DB was inserted by Act 22 of 2018, Section 6, with effect from 21 April 2018. This article is confined to the legal position before commencement of the Bharatiya Nyaya Sanhita, 2023.