What Is the Punishment for Rape in India?

The mere thought of a physical assault is enough to send chills down the spine. Rape is not only a heinous crime but an issue of great concern. If reports and surveys are believed, it is the fourth most common crime against women in India.

The offence involves sexual assault by way of sexual intercourse or other types of sexual penetration that the offender commits against the victim's consent. This victim can be a man or a woman who does not consent to such an act of sexual intercourse.

Historical Context of Rape Laws in India

Before 1860, India had diverse and conflicting laws. The Charter Act of 1833 led to the codification of laws, and rape was formally defined as an offence in the Indian Penal Code (IPC) introduced in 1860. Enacted in October 1860 and enforced from January 1, 1862, the IPC formulated substantive law on crimes.

Chapter XVI of the IPC, Sections 299 to 377, addresses offences affecting the human body. Specifically, sexual offences are covered under Sections 375 to 376-E. Section 375 of the IPC defines rape as follows:

A man is said to commit rape if he:

1. Penetrates his penis into the vagina, mouth, urethra, or anus of a woman, or makes her do so with him or another person;
2. Inserts any object or part of the body, other than the penis, into the vagina, urethra, or anus of a woman, or makes her do so with him or another person;
3. Manipulates any part of a woman's body to cause penetration into the vagina, urethra, anus, or any part of her body, or makes her do so with him or another person;
4. Applies his mouth to the vagina, anus, or urethra of a woman, or makes her do so with him or another person, under any of the following circumstances:
   • Against her will
   • Without her consent
   • With her consent, obtained by putting her or someone she is interested in, in fear of death or hurt
   • With her consent, when she believes he is someone else to whom she is lawfully married
   • With her consent, when she is unable to understand the nature and consequences of her consent due to unsoundness of mind, intoxication, or administration of a stupefying substance
   • With or without her consent, if she is under eighteen years of age
   • When she is unable to communicate consent

Thus, according to Section 375 of the IPC, rape is defined as a punishable act involving sexual penetration by a man with a woman without her consent or against her will.

Punishment for Rape in India

The legal penalties for rape in India are outlined in Section 376 of the Indian Penal Code (IPC). Historically, this section prescribed a minimum of 7 years and a maximum of life imprisonment for offenders. However, the 2012 Delhi gang rape case prompted a critical reassessment of rape laws, leading to significant amendments.

Criminal Law (Amendment) Act, 2013

Enforced on April 2, 2013, this Act introduced several key changes:

• Increased Jail Terms: The minimum sentence for rape was raised from 7 to 10 years.
• Death Penalty: The Act provided for the death penalty in cases where the victim dies or is left in a vegetative state.
• Gang Rape: The minimum punishment for gang rape was increased to 20 years, with a maximum of life imprisonment.
• New Offences: The Act also addressed other crimes like disrobing a woman, stalking, and voyeurism.

Criminal Law (Amendment) Act, 2018

Following nationwide protests in January 2018 over the rape and murder of an 8-year-old in Jammu and Kashmir, the Criminal Law (Amendment) Act, 2018, introduced:

• Death Penalty for Minors: The death penalty was mandated for the rape of a girl under 12 years of age.
• Increased Minimum Sentence: The minimum punishment for such cases was set at 20 years in prison.

About The Author: 

Adv. Aditya Vashishth is a seasoned criminal lawyer with 8 years of experience. Renowned for his strategic approach and successful track record, he offers expert legal representation, clear communication, and client empowerment. Aditya is dedicated to defending clients' rights and actively engages in community legal initiatives