Section 376a ipc. All about Section 376 IPC 2022-12-08

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Section 376A of the Indian Penal Code (IPC) pertains to the crime of sexual intercourse by a person in authority. This provision was introduced in the IPC in 2013, as an amendment to the existing provisions on rape (section 376) and sexual assault (section 354).

According to section 376A, if a person who is in a position of authority over another person (such as a teacher, police officer, or employer) has sexual intercourse with that person without their consent, it is considered to be a criminal offense. The punishment for this offense is imprisonment for a term which may extend up to ten years, and may also be liable to fine.

The purpose of this provision is to provide greater protection to individuals who may be vulnerable to exploitation or abuse by those in positions of authority. It recognizes that such individuals may be less likely to report or resist sexual advances due to fear of retribution or other consequences.

However, it is important to note that section 376A is not limited to cases where the victim is unable to give consent due to physical incapacitation or coercion. It also covers situations where the victim may have consented to the sexual act, but did so out of fear or a sense of obligation to the person in authority. In such cases, the consent is not considered to be freely given and the act is deemed to be non-consensual.

In conclusion, section 376A of the IPC serves as a useful tool in addressing and punishing instances of sexual abuse and exploitation by those in positions of authority. It is important that individuals in such positions are held accountable for their actions and that victims are given the support and protection they need.

Section 376 IPC

section 376a ipc

They sleep and awaken. A cognizable offence is one in which a police officer, under the Non-bailable The offence under Section 376 is non-bailable in nature, i. A person who is sentenced to life imprisonment will be held in jail for the rest of his or her natural life. Union of India 2004 , the Supreme Court affirmed the concept of rape, ruling that only heterosexual intercourse, such as vaginal and penial penetration, is rape. You'll be able to visit any nearest police headquarters irrespective of the jurisdiction and find a zero FIR registered. However, it has also been stated by the Supreme Court that delay in lodging FIR in rape cases may be accepted if supported by proper reasoning.

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Section 376E IPC

section 376a ipc

In a short period of time, the Committee received approximately 80,000 recommendations on which to deliberate. . In situations under section 376 A, the sentence must be at least 20 years, although it can be increased to life imprisonment. Offenders face a sentence of no less than 20 years in jail, with the possibility of being sentenced to life in prison. Section 376 2 contains punishment for aggravated forms of rape. If a person in authority or under the influence of his power seduces or takes advantage of a woman, that person shall be held accountable for the offence under this Section.

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IPC 376A Section of Indian Penal Code

section 376a ipc

Punishment for gang rape on woman under twelve years of age. State of Maharashtra v. The Telangana High Court dismissed a PIL petition seeking declaration of Sections 376 and 376A of the Indian Penal Code as unconstitutional as there were some lacunae in them. This article has been published by Sneha Mahawar. The judge shall only grant bail to the accused if he deems it fit for the case. Prakash 1992 Facts of the case In this Judgment of the Court According to the Bombay High Court, the police policeman instilled fear in the woman and her husband, both of whom were poor labourers.

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Penalization for Inflicting Death or Leading to a Persistent Vegetative State of the Victim

section 376a ipc

You can click on this link and join: Follow us on. State of Punjab v. Also, while committing gang rape, the accused should share a common intention to rape the victim, and since the wife only slapped the girl and the statute renders a woman incapable of committing rape, she cannot be convicted under Section 376. Changes introduced by the Criminal Law Amendment Act, 2013 in Section 376 IPC Following the outcry produced by the Nirbhaya case, the Criminal Amendment Act of 2013 was approved, which made significant revisions to the definition and punishment of rape, which had previously been found to be insufficient. But IPC Section 376A prescribes death sentence as one of the punishments if the victim who is under 16 years of age dies or is reduced to a persistent vegetative state. Punishment for gang rape on woman under sixteen years of age. Nirbhaya, a 23-year-old girl, was waiting for a bus late at night with a companion.

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IPC Section 376D

section 376a ipc

Before being convicted, he committed suicide in jail. Though it was argued that the case did not fit under the rarest of rare cases, the Supreme Court rejected this argument and sentenced the convicts to death. We have come a long way to address this social evil and stand together in fighting it, but we still have a long way to go. The conditions that lead to the commission of rape during sexual intercourse between a man and a woman are listed in According to the Section, the act of penetrating is sufficient to be considered sexual intercourse, and if such penetration is forced, it will be termed as rape. The driver, together with five other passengers, including a 17-year-old juvenile, committed a brutal sexual assault. And submission is not the same as consent, which can be based on fear, tainted by duress, or hindered by mental retardation.

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HC dismisses plea on IPC Sections 376, 376A

section 376a ipc

The Act became effective on February 3, 2013. The past decade has seen an unprecedented increase in the number of rape cases across India, which raises an alarm for the need of deterrent laws now more than ever. Section 376A of IPC Punishment for causing death or putting the person into a vegetative state. Hence, if the rape was committed brutally and is highly condemnable, the convict shall be granted the death penalty, as seen in the case of rape convicts of the Nirbhaya gang-rape case. The convict shall also be ordered to pay a fine. Vijaysen Reddy said in the order.

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IPC Section 376A

section 376a ipc

Explanation: Patients seem awake. Gang rape occurs when a woman is raped by multiple people who all have the same aim to rape her. Gurmit Singh 1996 Facts of the case The girl in this Judgment of the Court The Court found the three of them guilty of rape under Section 376 of the Indian Penal Code since she did not readily consent to the act. Under these instances, sexual intercourse means the same thing as it does in Section 375 clauses a to d. Judgment of the Court In the historic case of Nirbhaya, a bench of Chief Justice Dipak Misra, Justice R Banumathi, and Justice Ashok Bhushan gave the decision in which the remaining four culprits among the six were sentenced to death.

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IPC 376A

section 376a ipc

Landmark cases related to Section 376 IPC Priya Patel v. Kanooni Dhara 376 A is a What is the penalization for IPC 376a Case? Difference between Section 375 and Section 376 IPC Sections 375 and 376 both deal with the same crime, the only difference between the two Sections being that Section 375 provides the definition of the crime, while Section 376 provides the punishment for the crime once the charge against the accused has been proved. It is important, now more than ever, that the people committing such an act get the maximum and most severe punishment possible so that justice is ensured and instances of rape are minimised in the future. She was eventually admitted to the hospital for treatment, but she passed away in the process. This case was the foundation of the criminal law amendments that came into force in 2013. LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities.

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All about Section 376 IPC

section 376a ipc

This rule does not prescribe capital punishment. As a result, we see that strict legislation is essential to safeguard women from outsiders as well as family members. This implies that if a victim of under 16 years of age dies or is reduced to persistent vegetative state, the case cannot be brought under the gambit of Section 376A and the accused cannot be awarded death sentence. Punishment for rape on wo man under twelve years of age. Rape leaves the victim in severe physical and emotional turmoil, in addition, the victims are also ignored and ostracised in society for merely being victims of something which did not even arise out of their own fault. The accused will then be convicted of rape under Sections 375 and 376. Description of IPC Section 376A According to section 376A of Indian penal code, Whoever, commits an offence punishable under sub-section 1 or sub-section 2 of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, 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? Those 6 members beat up a friend who sought to defend Nirbhaya from such violent conduct.

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