According to section 376D of Indian penal code, 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.
Classification of Offence
| Offence Description | Punishment provided | Cognizable/Non-Cognizable |
|---|---|---|
| Gang rape | Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s life and with fine to be paid to the victim | Cognizable |
| Bailable/Non-Bailable | Trial Court Details | Compoundable/Non-Compoundable |
| Non-Bailable | Court of Session | Non-Compoundable |
| Compoundable by Whom | Concerned Ministry | Concerned Department |
| Non-Compoundable | Ministry of Home Affairs | Department of Internal Security |
376D IPC Case Laws (Supreme Court and High Courts)
| Mohd.Haroon & Ors vs Union Of India & Anr on 26 March, 2014 |
| Mohd.Haroon & Ors vs Union Of India & Anr on 26 March, 1947 |
| Omkar Prasad Verma vs State Of Madhya Pradesh on 8 March, 2007 |
| Nishu vs Commr.Of Police Delhi & Ors on 24 April, 2014 |
| Nishu vs Commr.Of Police Delhi & Ors on 24 April, 1948 |
| In Re vs Indian Woman Says Gang-Raped On on 28 March, 1947 |
| In Re vs Indian Woman Says Gang-Raped On on 28 March, 2014 |
| Aparna Bhat vs The State Of Madhya Pradesh on 18 March, 2021 |
| Md.Shahabuddin vs State Of Bihar & Ors on 25 March, 2010 |
| Sakshi vs Union Of India on 26 May, 2004 |
FAQs on Section 376D of the Indian Penal Code
Section 376D of the IPC deals with the offense of gang rape. It states that when a woman is raped by a group of people or individuals acting together with a common intention, each person involved shall be considered to have committed the offense of rape.
The punishment for gang rape under Section 376D is rigorous imprisonment for a term not less than 20 years, which may extend up to life imprisonment (imprisonment for the remainder of that person’s natural life). In addition to imprisonment, the court may also impose a fine, the amount of which should be just and reasonable to cover the medical expenses and rehabilitation of the victim. The fine imposed shall be paid to the victim.
No, gang rape is a non-bailable offense. This means that the accused cannot be released on bail pending trial and must remain in custody during the trial proceedings.
Cases of gang rape fall under the jurisdiction of the Court of Session, which is a higher court in India specifically designated to handle serious criminal offenses.
Read also:- IPC Section 376: Punishment For Rape
