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Report No. 156

80. Substitution of new section for section 376: Punishment for rape.-

(a) Do you agree that in sub-section (1) of section 376 punishment for rape be increased from two years to five years and in sub-section (2) of section 376 from a minimum punishment of ten years to punishment of rigorous imprisonment for life?

(b) Do you agree for substitution in sub-section (2) of section 376 for the portion beginning with the words "shall be punished" and ending with the words "liable to fine" the following:-

"shall be punished with rigorous imprisonment for life and shall also be liable to fine"?

(c) Do you agree that for the proviso to section 376, following proviso be substituted, namely,-

"provided that in the cases covered by clauses (a) to (g), the Court may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of imprisonment of either description for a term not less than two years"?

(d) Do you agree that owing to the increase in the incidence of child rape a new section on child rape in the Indian Penal Code namely, sub-section (3) be inserted in section 376 which reads as follows:

"(3) Whoever commits rape on a woman when she is under twelve years of age, shall be punished with rigorous imprisonment for a term which shall not be less than ten years and shall also be liable to fine:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than ten years"?



The Indian Penal Code Back




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