BACK TO SECTIONS(2017) 6 SCC 1(1996) 2 SCC 384
Non-BailableCognizable: YesCourt of Session
THE STATUTE
Original Text
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 ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
Simplified
Section 376 provides the punishment framework for rape. The mandatory 10-year minimum (post-2013) represents a recognition that rape is among the gravest crimes against the person. Section 376(2) lists aggravated forms where the minimum rises to 20 years: rape by police officer, public servant, army personnel, hospital staff, and gang rape. Death penalty applies for: rape of a girl under 12 (Section 376AB — 2018 amendment), repeat offenders where victim dies or enters persistent vegetative state (Section 376E). In-camera trial is mandatory; victim identity cannot be disclosed publicly (Section 228A).
Legal Evolution
Section 376 underwent three major amendments: 1983 (post-Mathura), 2013 (post-Nirbhaya), and 2018 (post-Unnao and Kathua cases). Each amendment increased minimum sentences and expanded aggravated categories.
Landmark Precedents
Mukesh & Anr v. State for NCT of Delhi (Nirbhaya) (2017)
RELEVANCE
Death sentences upheld for four Nirbhaya case accused.
State of Punjab v. Gurmit Singh (1996)
RELEVANCE
Victim's credible testimony is sufficient for rape conviction without corroboration.
Practical Scenarios
"Non-consensual sexual intercourse by force — Section 376(1), minimum 10 years."
"Rape by a police officer in a police station — Section 376(2), minimum 20 years."
Common Queries
Basic rape (376(1)) — minimum 10 years RI. Aggravated rape (376(2)) — minimum 20 years RI, extendable to life.
No — Supreme Court in Lillu @ Rajesh v. State of Haryana (2013) declared it unconstitutional.
Section 375 (as amended 2013) defines rape as penetration (of any extent) of the vagina, mouth, urethra, or anus using penis, any object, or any part of the body, without consent — or with consent obtained through threat, fear, intoxication, fraud, promise of marriage, or when the woman is below 18 (where consent is irrelevant). The 2013 amendment expanded the definition from penile-vaginal penetration to cover multiple forms of sexual assault.
Only one statutory exception: sexual intercourse by a husband with his wife is not rape if the wife is above 15 years (Exception 2). The Supreme Court in Independent Thought v. Union of India (2017) raised the age of wife from 15 to 18 — making marital rape of a wife below 18 a crime. Marital rape of a wife above 18 remains outside the definition of rape in IPC 375, though it may constitute domestic violence under the DV Act.
Yes — the Supreme Court has consistently held that the testimony of a rape survivor is entitled to great weight and does not require corroboration. In State of Punjab v. Gurmit Singh (1996), the court held that conviction can be based on the prosecutrix's sole testimony if it is trustworthy and credible. Courts must not demand corroboration as a rule.
No — rape (Section 376) is a non-compoundable offence under Section 320 CrPC. The parties cannot settle the matter and withdraw the case. High Courts occasionally quash proceedings when parties have genuinely settled — but the Supreme Court has held this is inappropriate for serious offences like rape.
BNS Sections 63–70 replace IPC Sections 375–376E. Key changes: BNS Section 63 = IPC 375 (definition); BNS Section 64 = base punishment (10 years to life, same); BNS Section 65 = rape causing death/PVS and rape of girl under 12 (consolidates IPC 376A and 376AB); BNS Section 70 = gang rape (20 years to life). Punishments are largely preserved.
Within 24 hours of FIR: mandatory medical examination of the survivor by a registered medical practitioner (woman doctor wherever possible); the two-finger test is prohibited by the Supreme Court (Lillu v. State of Haryana, 2013) as it violates dignity and is medically unreliable. The examination must include collection of forensic samples (swabs, clothing). Survivor's written consent is required.