A commits rape on a girl aged 10 years. Can A be awarded life imprisonment or can A be given imprisonment for 5 years? Give reasons and also mention the relevant provision.

Question: A commits rape on a girl aged 10 years. Can A be awarded life imprisonment or can A be given imprisonment for 5 years? Give reasons and also mention the relevant provision. [UPHJS 1996]

Find the answer to the mains question only on Legal Bites. [A commits rape on a girl aged 10 years. Can A be awarded life imprisonment or can A be given imprisonment for 5 years? Give reasons and also mention the relevant provision.]

Answer

Section 376, IPC which provides punishment for rape states in its sub-section 2 clause (f) that a person who commits rape on a woman when she is under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.

Further, 376AB of IPC was introduced with the 2018 amendment bill to IPC. It states that “Whoever, commits rape on a woman under twelve years of age 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’s natural life, and with fine or with death:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.”

Considering the provision under section 376, IPC for the offence of rape committed upon a girl child below 16 years under the code and determining factor while giving punishment to the accused, A can be awarded life imprisonment instead of giving 5 years imprisonment as punishment.

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