We want to inform you that Section 376 IPC is a non-bailable offense. It means that the person who is accused of doing the criminal activity will not be able to get bail. In some rare cases, the judge gives bail to the accused due to some possibilities of the particular case.
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Punishment For Sexual Assault
A. It can be anyone who is in the case offered for by sub-section (2), a person performing sexual assault must be charged with imprisonment of 7 years but not more than 10 years, a fine, or both.
B. If an individual who has committed the sexual assault is known of the victim or has any family relationship, he/she will get imprisoned with hard labor for more than 10 years. In some cases, the imprisonment period may rise to a lifetime. Additionally, the accused had to give a fine as well under Section 376 IPC.
Whoever,-
A. If the accused is a police officer who committed sexual assault-
(i) Within the reasonable limitation of the police station to which he is assigned; or
(ii) On a lady or girl who is under 8 years of age in his custody or by any police officer assistant to him; or
(iii) even if he is in official officer uniform.
B. If he is an elected official and then he misuses his position and sexually assaults a young woman or a minor girl in his custody as such public servant or in the custody of a public servant subordinate to him; or
C. Staff of a prison, commits sexual assault on any adult or minor girl; or
D. Officers, directors, or persons exercising control over the hospital, take benefit of their position and perform sexual assault on an adult or minor girl in the hospital; or
E. Perform sexual assault on a lady who is going to become a mother; or
F. Perform sexual assault on an individual when such person is not more than 16 years of age; or
G. Performs group sexual assault; or
H. whether he is a public figure, has political power performs sexual assault on a lady or minor girl; or
I. Whether the victim is not mentally well and has any physical limitations; or
J. If the victim’s health gets affected after sexual assault or any major damage to any body part; or
K. executes continuous sexual assault
If any of the above-mentioned circumstances apply then the offender will be punished with 10 years of imprisonment, even life imprisonment, a fine, or both.
Also read: What Is Section 99 Of The IPC: Explanation And Definition
Section 376A: Sexual Intercourse By Public Servent With A Woman In His Custody
If any person, who is serving as a government servant grabs the benefit of his authorized job and is persuaded to do something or seduces a woman, who is in his physical custody will serve a minimum of 5 years of imprisonment and punishment might be increased to a lifetime.
Section 376B: Sexual intercourse by superintendent of jail, remand home, etc
If any person who is a police officer, manager, and superintendent of jail, remand home, or organization under which he/she can exercise any authority or control over its inmates.
Section 376C: Sexual intercourse by any member of the management or staff of a hospital
Any employee of a hospital takes the benefit of the doubt of his/her position and commits sexual activity with a lady or minor girl in the hospital. But we want to inform you that this act does not come under sexual assault, but punishment for this act is a minimum of 5 years and can increase up to a lifetime.
Section 376D: Unlawful Sexual Assault
In this section, if a person touches any part of the body of a woman with a sexual purpose. It can be done directly, or indirectly, or by touching a woman’s body with anything without the permission of the woman. The imprisonment will be for 7 years, a fine, or both under Section 376 IPC.
