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.