How does Indian law punish rape?

Trigger Warning: This explainer contains information on physical violence and sexual violence which some readers may find disturbing.

The Madhya Pradesh High Court has confirmed the death sentence as punishment for two men held guilty of gang raping an eight year old girl.

Which law punishes rape in India?

The law on rape is outlined in the Indian Penal Code, 1860 from Section 375 to Section 376E.

What is rape?

Rape is the crime that occurs when a man has sexual intercourse with a woman against her will or without her consent.

What is the punishment for rape?

The punishment for rape is imprisonment for ten years to life imprisonment, along with a fine.

When the survivor is below sixteen years, the punishment is imprisonment for twenty years to imprisonment for the rest of the perpetrator’s life, along with a fine. 

If the survivor is below twelve years, the perpetrator can be given the death penalty. The fine should be just and reasonable to meet the medical expenses and rehabilitation of the survivor, and is paid to the survivor.

What is the punishment for gang rape?

Gang rape refers to the rape of a woman by multiple people/a group of people acting together with the common intention to rape. In a case of gang rape, each person in the group is guilty of the crime.

The punishment for gang rape is imprisonment for twenty years to imprisonment for the rest of the perpetrator’s life. If the survivor is below sixteen years, the punishment is imprisonment for the rest of the perpetrator’s life. If the survivor is below twelve years, the perpetrators are punishable with death also.

Further, the perpetrators must pay a fine which is just and reasonable to meet the medical expenses and rehabilitation of the survivor. The fine is paid to the survivor. 

What is the punishment for repeat offenders?

If someone has been previously held guilty for the crime of rape/gang rape, and they are subsequently held guilty for rape/gang rape again, they are punishable with imprisonment for the remainder of their natural life, or with death.

What is the punishment if a woman dies due to rape?

If rape results in an injury which causes a woman’s death or puts her in a persistent vegetative state, the perpetrator is punishable with imprisonment for twenty years to imprisonment for the rest of their life, or with death.