Provision

Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine.
  (2) Whoever—
     (a) being a police officer, commits rape,
        (i)  within the limits of the police station to which such police officer is appointed; or
        (ii)  in the premises of any station house; or
         (iii) on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or
      (b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or
      (c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or
     (d) 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 women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or
    (e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
    (f)  being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
    (g) commits rape during communal or sectarian violence; or
     (h) commits rape on a woman knowing her to be pregnant; or
    (i) commits rape on a woman when she is under sixteen years of age; or
     (j) commits rape, on a woman incapable of giving consent; or
     (k) being in a position of control or dominance over a woman, commits rape on such woman; or
    (l) commits rape on a woman suffering from mental or physical disability; or
     (m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
      (n) commits rape repeatedly on the same woman,

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.


Simply put

This section deals with punishment for Rape, which is imprisonment for a period of not less than 7 years which can extend up to imprisonment for life and shall also be liable to pay fine, sub section (2) talks about punishment under special circumstances like, if being a police officer the person commits rape within limits of the police station where such officer is appointed, in the premises of police station, or when keeping a woman in custody whether under him or any such police officer who is subordinate to him, if a public servant commits rape , or if being a member of armed forces deployed in such area (where he commits rape) by central or state government, if on the management or staff of the jail, remand home or other place of custody established by or under any law or a woman's or children's institution, commits rape on any inmate of such jail, or remand room etc or if on the management staff of hospital commits rape on woman in that hospital, or if a relative, guardian, teacher or such person in position of trust or authority towards that woman commits rape, or if commits rape during communal or sectarian violence, or commits rape on a pregnant woman, or commits rape when woman is under sixteen years of age, or one who is incapable of giving consent, or one who is in control or dominance of such woman and such a woman is suffering from mental or physical disability, if causes grevious bodily harm or endangers a woman's life, or commits rape repeatedly on same woman; then such a person shall be punished with rigorous imprisonment for a term which shall not be less than 10 years, and can extend up to imprisonment for life, which shall mean natural life of that person, and shall also be liable to fine.



Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!


You might like reading these