Rape related offences (Ss. 376-A to E)

Punishment for causing death or resulting in persistent vegetative state of victim - S. 376-A

•Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in 

–the course of such commission inflicts an injury which causes the death of the woman or 

–causes the woman to be in a persistent vegetative state, 

–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, or 

–with death. 

Sexual intercourse by husband upon his wife during separation - S. 376-B

•Whoever has sexual intercourse with his own wife, 

–who is living separately, whether under a decree of separation or otherwise, 

–without her consent, shall be punished with imprisonment of either description for a term 

–which shall not be less than two years 

–but which may extend to seven years, and shall also be liable to fine. 

Sexual intercourse by a person in authority - S. 376-C

•Whoever, being 

–(a) in a position of authority or in a fiduciary relationship; or 

–(b) a public servant; or 

–(c) superintendent or manager of a jail, remand home or other place of custody 

–or a women's or children's institution; or 

–d) on the management of a hospital or being on the staff of a hospital, 

• abuses such position or fiduciary relationship to 

–induce or seduce any woman 

–either in his custody or under his charge or 

–present in the premises 

–to have sexual intercourse with him, 

–such sexual intercourse not amounting to the offence of rape, 

• shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, 

•but which may extend to ten years, and shall also be liable to fine 

Gang rape - S. 376-D

•Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, 

•each of those persons shall be deemed to have committed the offence of rape and 

•shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, 

•but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine 

• S. 34. Acts done by several persons in furtherance of common intention.— 

–When a criminal act is done by several persons in furtherance of the common intention of all, 

–each of such persons is liable for that act in the same manner as if it were done by him alone 

•Joint liability because of the common intention 

•Prosecution not required to prove actual commission of rape by each and every accused forming group – Pardeep Kumar v. Union Administration, Chandigarh (2006) 10 SCC 608 

•Meeting of minds, criminal sharing necessary although all of them may not have committed rape 

Punishment for repeat offenders - S. 376-E

•Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376D and 

–is subsequently convicted of an offence punishable under any of the said sections 

–shall be punished with imprisonment for life 

–which shall mean imprisonment for the remainder of that person's natural life, or 

–with death.