Rape Case: What is the punishment for Rape in India?

The rape law in India involves two Sections i.e. Section 375 which explains and discusses rapes and Section 376 which talks about the punishment for the same. Although the punishment can extend to life imprisonment but there is no as such provision for the capital punishment.


A Rape victim has full right to seek justice by asking our honorable court to give rigorous punishment to the accused. After investigating all the evidences the court will serve the justice.

Areas of Application of Law

Explanation of Section 375:

A man is said to have committed “Rape” who, except in case hereinafter excepted, had sexual intercourse with a woman under the following circumstances:

  1. Against her will
  2. Without her consent
  3. When her consent is there but it has been obtained by pressurizing or threatening her or her closed ones
  4. When her consent has been taken when a man knows that he is not the husband of that woman but she believes that he is her lawfully married husband.
  5. When her consent has been taken by reason of unsoundness mind or intoxication where she is not in a position to understand the nature as well as its consequence to which she gives her consent
  6. With or without her consent, when she is a minor i.e. below 16 years of age

Explanation: To constitute sexual intercourse penetration is enough to commit rape offence.

Exception: Sexual intercourse by a man with his wife who is not under 15 years of age is not rape.

Section 376 (Punishment of rape):

Whosoever commits rape gets punishment of at least 7 years which can extend up to 10 years of life imprisonment and shall also be liable to pay fine to the victim unless raped woman is his own wife and is not under 12 years of age.

Important evidence in Rape case

  1. Medical examination of the Rape victim
  2. Testing and other evidence
  3. Statement of the victim
  4. Testing of the drugs

Landmark judgments:

Deepak Gulati vs State of Haryana  

Nirbhaya Case

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