Bare ActsThe CRIMINAL LAW (AMENDMENT) ACT, 2013

Section 376

Amendment status not verified — confirm the current text below against the official source.

(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fme. (2) Whoever,- (a) being apolice officer, commits rape- (I) within the limits ofthe police stationto which such police officer is appointed; or (il) in the premises of any station house; or (iil) on a woman in such police officer's custody or in the custody ofa police officer subordinate to such police officer; or (b) being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or (c) being a member ofthe armed forces deployed in an area by the Central or a State Government commits rape in such area; or (d) being on the management or onthe staffofajail, remand home or other place ofcustody established by orunder any law for the time being in force or of a women's or children's' institution, commits rape on any inmate of such jail, remand home, place or institution; or (e) being onthe management or onthe staffofa hospital, commits rape on a woman in that hospital; or (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or (g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or (I) commits rape on a woman when she is under sixteen years of age; or SEC. 1] THE GAZETTE OF INDIAEXTRAORDINARY 7 5 of 1861. (j) commits rape, on a woman incapable ofgiving consent; or (k) being in a position ofcontrol or dominance over a woman, commits rape on such woman; or (I) commitsrape on awoman suffering from mental orphysical disability; or (m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life ofa woman; or (n) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, butwhich may extend to imprisonment for life, whichshall meanimprisonment for the remainder ofthat person's natural life, and shall also be liable to fme. Explanation.-For the purposes of this sub-section,- (a) "armed forces" means the naval, military and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control ofthe Central Government or the State Government; (b) "hospital" means the precincts ofthe hospital and includesthe precincts ofany institution for the receptionandtreatment ofpersons during convalescence or ofpersons requiring medical attention or rehabilitation; (c) "police officer" shall have the same meaning as assigned to the expression "police" under the PoliceAct, 1861; (<1) "women's or children's institution" means an institution, whether called an orphanage or a home fer neglected women or children or a widow's home or an institution called by any other name, which is established and maintained for the reception and care ofwomen or children.

Section 376 – The CRIMINAL LAW (AMENDMENT) ACT, 2013 | DailyLaw.ai