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Section 376. Punishment for Rape

  1. Whoever, except in the cases provided for by sub-section
     
    Commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and also fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: 
  2. Whoever: Being a police officer commits rape-
    1. Within the limits of the police station to which he is appointed; or
    2. In the premises of any station house whether or not situated in the police station to which he is appointed; or
    3. On a woman is his custody or in the custody of a police officer subordinate to him; or
    4. Being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or
    5. Being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or
  3. Being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or
  4. Commits rape on a woman knowing her to be pregnant; or
  5. Commits rape when she is under twelve years of age; or
  6. Commits gang rape, (Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.)

Shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine:

 

Section 377. Unnatural Offences 

  1. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with [imprisonment for life], or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.
  2. Explanation
     
    Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.




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