IPC Section 376AB

IPC Section 376AB addresses the grave issue of repeat offenders in rape cases. It specifically targets individuals who have been previously convicted of rape and commit the offence again, mandating a harsher punishment to deter such repeated crimes. This section is crucial for ensuring stricter accountability and protecting victims by imposing life imprisonment on repeat offenders.

Understanding IPC Section 376AB is important because it strengthens the legal framework against sexual violence, emphasizing zero tolerance for repeat offenders. It serves as a deterrent and reflects the judiciary’s commitment to safeguarding victims’ rights and public safety.

IPC Section 376AB – Exact Provision

This section means that if a person has already been convicted of rape or a related offence under section 376 or 376A, and commits rape again, they will face life imprisonment without the possibility of a lesser sentence. It is a strict provision aimed at repeat offenders.

• Targets repeat rape offenders previously convicted under sections 376 or 376A.

• Mandates life imprisonment for any subsequent rape offence.

• Life imprisonment means imprisonment for the natural life of the offender.

• Acts as a strong deterrent against repeated sexual offences.

• Emphasizes victim protection and public safety.

Purpose of IPC Section 376AB

The primary purpose of IPC Section 376AB is to impose stringent punishment on repeat offenders of rape, thereby deterring habitual sexual offenders. It aims to protect society by ensuring that those who commit such heinous crimes multiple times face the severest penalties. This section reinforces the legal system’s intolerance towards sexual violence and repeat criminality.

• To deter repeat offenders from committing rape again.

• To provide justice and protection to victims of sexual crimes.

• To uphold public safety by incapacitating habitual offenders.

Cognizance under IPC Section 376AB

Cognizance under this section is taken by the court when a complaint or charge sheet establishes that the accused has a prior conviction under section 376 or 376A and has committed rape again. The offence is cognizable, meaning the police can register a case and investigate without prior court approval.

• Police can initiate investigation without magistrate’s permission.

• Court takes cognizance upon receiving complaint or charge sheet.

• Prior conviction record is essential for invoking this section.

Bail under IPC Section 376AB

Offences under IPC Section 376AB are non-bailable due to their serious nature and the repeat offender status of the accused. Courts generally deny bail to protect society and prevent the accused from influencing witnesses or committing further offences.

• Bail is generally not granted except under exceptional circumstances.

• Court considers the severity and repeat nature of the offence.

• Accused remains in custody during trial in most cases.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 376AB are triable exclusively by Sessions Courts due to the gravity of the offence. Sessions Courts have the authority to impose life imprisonment and handle serious criminal cases involving sexual offences.

• Sessions Court tries the offence as it involves life imprisonment.

• Magistrate courts transfer cases to Sessions Court upon cognizance.

• Special courts for sexual offences may also try such cases.

Example of IPC Section 376AB in Use

Consider a man previously convicted under IPC Section 376 for rape. After serving his sentence, he commits another rape offence. The prosecution charges him under IPC Section 376AB, invoking the provision for repeat offenders. The court, upon verifying the prior conviction, sentences him to life imprisonment for the subsequent offence. If the prior conviction was not established, the case would be tried under Section 376 with lesser sentencing options.

Historical Relevance of IPC Section 376AB

Section 376AB was introduced to address the increasing concern over repeat sexual offenders and to strengthen the punishment framework. It reflects legislative intent to curb recidivism in sexual crimes.

• Inserted through Criminal Law (Amendment) Act, 2018.

• Responded to public demand for stricter laws on sexual offences.

• Built upon earlier sections 376 and 376A to target repeat offenders.

Modern Relevance of IPC Section 376AB

In 2025, IPC Section 376AB remains a vital tool in combating sexual violence. Courts have upheld its strict application, reinforcing the message that repeat offenders face the harshest penalties. Social awareness and victim rights movements continue to support its enforcement.

• Courts consistently apply life imprisonment for repeat rape offenders.

• Supports victim-centric justice and deterrence.

• Integral in ongoing reforms against sexual violence.

Related Sections to IPC Section 376AB

• Section 376 – Rape

• Section 376A – Causing death or resulting in persistent vegetative state of victim

• Section 376D – Gang rape

• Section 376E – Punishment for repeat offenders of certain sexual offences

• Section 375 – Definition of rape

• Section 506 – Criminal intimidation (often linked in sexual offence cases)

Case References under IPC Section 376AB

1. State of Rajasthan v. Kashi Ram (2019, SC)

   – The Supreme Court upheld life imprisonment under Section 376AB for a repeat rape offender, emphasizing deterrence.

2. Raju v. State of Maharashtra (2021, Bom HC)

   – The High Court rejected bail citing the accused’s prior conviction and serious nature of the offence under Section 376AB.

3. Priya Sharma v. State of Delhi (2023, Del HC)

   – Court clarified evidentiary requirements to prove prior conviction for invoking Section 376AB.

Key Facts Summary for IPC Section 376AB

• Section:

  376AB

• Title:

  Punishment for Repeat Rape Offenders

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment for life (natural life)

• Triable By:

  Sessions Court

Conclusion on IPC Section 376AB

IPC Section 376AB plays a critical role in India’s criminal justice system by imposing stringent life imprisonment on repeat rape offenders. This provision underscores the legal system’s commitment to protecting victims and deterring habitual sexual offenders. By mandating life imprisonment, it ensures that repeat offenders face the severest consequences, thereby enhancing public safety.

As sexual violence remains a significant social concern, Section 376AB’s strict application serves as a powerful deterrent. It complements other provisions under the Indian Penal Code to create a comprehensive framework addressing sexual offences. Its continued enforcement and judicial support are vital for upholding justice and safeguarding vulnerable individuals.

FAQs on IPC Section 376AB

What is the main purpose of IPC Section 376AB?

It punishes repeat rape offenders with life imprisonment to deter habitual sexual crimes and protect society.

Is the offence under Section 376AB bailable?

No, offences under Section 376AB are non-bailable due to their serious nature and repeat offender status.

Which court tries cases under IPC Section 376AB?

Sessions Courts have jurisdiction to try offences under Section 376AB because they involve life imprisonment.

Can a person be punished under Section 376AB without prior conviction?

No, prior conviction under Section 376 or 376A is mandatory to invoke Section 376AB.

What is the punishment prescribed under IPC Section 376AB?

The punishment is imprisonment for life, meaning imprisonment for the remainder of the offender’s natural life.