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376. Punishment for rape ---

(1) Whoever, except in the cases provided for by sub-section (2), 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 shall also be liable to fine unless the women 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:

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 seven years.

(2) Whoever,---

(a) being a police officer commits rape---

(i) within the limits of the police station to which he is appointed; or

(ii) in the premises of any station house whether or not situated in the

police station to which he is appointed; or

(iii) on a woman in his custody or in the custody of a police officer

subordinate to him; or

(b) 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

(c) 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

(d) 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

(e) commits rape on a woman knowing her to be pregnant; or

(f) commits rape on a woman when she is under twelve years of age; or

(g) commits gang rape,

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:

Provided that the court may, for adequate and special reasons to be mentioned in

the judgment, impose a sentence of imprisonment of either description for a term

of less than ten years.

Explanation 1 --- 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.

Explanation 2 --- "Women's or children's institution" means an institution,

whether called an orphanage or a home for neglected woman or children or a

widows' home or by any other name, which is established and maintained for the

reception and care of woman or children.

Explanation 3 --- "Hospital" means the precincts of the hospital and includes the

precincts of any institution for the reception and treatment of persons during

convalescence or of persons requiring medical attention or rehabilitation.

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