Aggravated rape is rape when it takes place because of the special position of either the victim or the criminal. The punishment for such rape is rigorous imprisonment anywhere between 10 years to life, along with a fine.
The following are aggravated crimes or the special circumstances:
- Police officer, who within the premises of the police station, commits rape on a woman who is in his custody or the custody of this subordinate.
- Public servant rapes a woman in his custody or in the custody of a public servant subordinate to such public servant.
- A member of the armed forces deployed in an area by the Central or a State Government.
- In the management or the staff of a jail, remand home or any other place of custody that is by law a women’s or children’s institution.
- When the management or the staff of a hospital commits rape on a woman in that hospital.
- A relative, guardian or teacher of, or a person in a position of trust or authority towards the woman.
- Someone who commits rape during communal or sectarian violence.
- Someone who commits rape on a woman knowing her to be pregnant.
- Someone who commits rape on a woman when she is under 18 years of age.
- Someone who commits rape on a woman incapable of giving consent.
- Someone being in a position of control or dominance over a woman, commits rape on such woman.
- Someone who commits rape on a woman suffering from mental or physical disability.
- Someone who while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman.
- Someone who commits rape repeatedly on the same woman.