2. In the Indian Penal Code (hereafter in this Chapter referred to as the Penal Code), in
section 166A, in clause (c), for the words, figures and letters "section 376B, section 376C,
section 376D", the words, figures and letters "section 376AB, section 376B, section 376C,
section 376D, section 376DA, section 376DB" shall be substituted.
3. In section 228A of the Penal Code, in sub-section (1), for the words, figures and
letters "section 376A, section 376B, section 376C, section 376D", the words, figures and
letters "section 376A, section 376AB, section 376B, section 376C, section 376D,
section 376DA, section 376DB" shall be substituted.
4. In section 376 of the Penal Code,—
(a) in sub-section (1), for the words "shall not be less than seven years, but
which may extend to imprisonment for life, and shall also be liable to fine", the words
"shall not be less than ten years, but which may extend to imprisonment for life, and
shall also be liable to fine" shall be substituted;
(b) in sub-section (2), clause (i) shall be omitted;
(c) after sub-section (2), the following sub-section shall be inserted, namely:—
"(3) Whoever, commits rape on a woman under sixteen years of age shall
be punished with rigorous imprisonment for a term which shall not be less than
twenty years, but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person's natural life, and shall also be
liable to fine:
Provided that such fine shall be just and reasonable to meet the medical
expenses and rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be
paid to the victim.".
5. After section 376A of the Penal Code, the following section shall be inserted, namely:—
"376AB. Whoever, commits rape on a woman under twelve years of age shall be
punished with rigorous imprisonment for a term which shall not be less than twenty
years, but which may extend to imprisonment for life, which shall mean imprisonment
for the remainder of that person's natural life, and with fine or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses
and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.".
6. After section 376D of the Penal Code, the following sections shall be inserted, namely:—
"376DA. Where a woman under sixteen years of age is raped by one or more
persons constituting a group or acting in furtherance of a common intention, each of
those persons shall be deemed to have committed the offence of rape and shall be
punished with imprisonment for life, which shall mean imprisonment for the remainder
of that person's natural life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses
and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the
victim.
Insertion of
new section
376AB.
45 of 1860.
Punishment
for rape on
woman under
twelve years of
age.
Insertion of
new sections
376DA and
376DB.
Punishment
for gang rape
on woman
under sixteen
years of age.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
Amendment of
section 53A.
376DB. Where a woman under twelve years of age is raped by one or more
persons constituting a group or acting in furtherance of a common intention, each of
those persons shall be deemed to have committed the offence of rape and shall be
punished with imprisonment for life,which shall mean imprisonment for the remainder
of that person's natural life, and with fine, or with death:
Provided that such fine shall be just and reasonable to meet the medical
expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the
victim.".
7. In section 376E of the Penal Code, for the word, figures and letter "section 376D",
the words, figures and letters "section 376AB or section 376D or section 376DA or
section 376DB," shall be substituted.