सं Samvidhan

Indian Penal Code, 1860

Section 376DA

repealed

Punishment for gang rape on woman under sixteen years of age

Why this exists

This section was introduced by the Criminal Law (Amendment) Act, 2018, in response to intense public outrage over brutal child gang rape cases, imposing an even harsher, non-negotiable punishment, mandatory life imprisonment, compared to the twenty-years-to-life range for ordinary gang rape, reflecting the compounded severity of a crime that is both a gang assault and committed against a child. The Bharatiya Nyaya Sanhita, 2023 retains a comparable provision for gang rape of a girl under sixteen.

How courts read it

Courts treat the mandatory life imprisonment under this section as leaving essentially no sentencing discretion once the elements, gang rape and the victim's age under sixteen, are proven, applying the same principle of collective liability seen in ordinary gang rape cases, where every group member is held equally responsible regardless of individual role.