Indian Penal Code Section 376

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Indian Penal Code Section 376:

— Sanctions for rape
Whoever, except as provided in subsection (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine, unless the woman raped is his own wife and is not under the age of twelve, in which case he shall be punished with imprisonment of either description for a term which may extend to ten years.
(2) Anyone,—

(a) a rapist is a police officer if—

(i) within the confines of the police station he is assigned to; or

(ii) within the premises of any station house, regardless of whether it is located within the police station to which he is assigned; or

(iii) on a woman in his custody or the custody of a subordinate police officer; or

(b) as a public servant, takes advantage of his official position and commits rape against a woman in his custody or in the custody of a subordinate public servant; or

(c) being on the management or staff of a jail, remand home, or other place of custody established by or under any law currently in effect, or of a woman’s or children’s institution, commits rape on an inmate of such jail, remand home, place, or institution; or

d) As a member of the management or the personnel of a hospital, commits a rape against a female patient; or

e) commits a felony against an expectant woman knowing she is pregnant; or

f) commits a felony against a woman under the age of twelve; or

g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life, and shall also be liable to a fine: Provided, however, that the Court may, for adequate and special reasons to be stated in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years. When a woman is raped by one or more members of a group acting in furtherance of a common purpose, each member of the group shall be deemed to have committed gang rape for purposes of this subsection. Explanation 2.—”Women’s or children’s institution” refers to any institution established and maintained for the reception and care of women or children, regardless of its name. Explanation 3.—”Hospital” refers to the hospital’s precincts and the precincts of any institution for the reception and treatment of convalescing patients or patients requiring medical attention or rehabilitation.]

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