Which one of the following Sections of the Indian Penal Code prescribes punishment upto the death sentence in reference to the offence of rape?
A. 376D
B. 376C
C. 376B
D. 376A
Answer: Option D
Solution (By Examveda Team)
Definition of Rape and Punishment Under IPC:Rape is a serious criminal offense under the **Indian Penal Code (IPC), 1860**, and is defined under **Section 375**. The punishment for rape varies based on the circumstances and severity of the crime. Some provisions under **Section 376** and its subsections prescribe stringent punishments, including life imprisonment and the death penalty.
Correct Answer:
The correct answer is Option D: Section 376A.
Explanation:
**Section 376A of the IPC** prescribes the **punishment of life imprisonment or the death penalty** in certain aggravated cases of rape. According to this section:
If a person commits rape in such a manner that it results in the victim’s **death or leaves the victim in a persistent vegetative state**, the offender shall be punished with **rigorous imprisonment for a term which shall not be less than 20 years, but may extend to life imprisonment, or with the death penalty**.
This provision was introduced by the **Criminal Law (Amendment) Act, 2013**, following the **2012 Nirbhaya case**, to impose stricter penalties for extreme cases of sexual assault.
Why Other Options Are Incorrect:
- Option A: Section 376D – This section deals with **gang rape** and prescribes punishment of **not less than 20 years of rigorous imprisonment**, which may extend to **life imprisonment**, but it does not include the death penalty.
- Option B: Section 376C – This section deals with **sexual intercourse by a person in authority**, such as police officers, teachers, or jail authorities, with women under their control. It prescribes imprisonment but not the death penalty.
- Option C: Section 376B – This section deals with **sexual intercourse by a husband with his wife during separation**, prescribing imprisonment but not the death penalty.
Conclusion:
Among the given options, **Section 376A IPC** is the only provision that prescribes **punishment up to the death sentence** for cases where rape results in the **death or irreversible vegetative state of the victim**.
Thus, the correct answer is Option D.
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