Punishment for Rape

Last updated on Apr 8, 2022

[Trigger Warning: The following content contains information on physical violence and sexual violence which some readers may find disturbing.]

The punishment for rape is imprisonment for ten years to life imprisonment, along with a fine.1

The punishment is more severe in the following circumstances:

When the survivor is below sixteen years

When the survivor is below sixteen years, the punishment is imprisonment for twenty years to life imprisonment (imprisonment for the rest of the person’s life), along with a fine.2 If the survivor is below twelve years, the perpetrator can be given the death penalty.3 The fine should be just and reasonable to meet the medical expenses and rehabilitation of the survivor, and is paid to the survivor.

When rape results in a woman’s death or vegetative state

If rape results in an injury which causes the death of the woman or puts her in a persistent vegetative state, the perpetrator is punishable with imprisonment for twenty years to life imprisonment (imprisonment for the rest of the person’s life), or with death.4

  1. Section 376(1), Indian Penal Code, 1860.[]
  2. Section 376(3), Indian Penal Code, 1860.[]
  3. Section 376AB, Indian Penal Code, 1860.[]
  4. Section 376E, Indian Penal Code, 1860.[]

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