IPC Section 376DB

IPC Section 376DB deals with the punishment for repeat offenders convicted of rape under Indian law. This section is crucial as it imposes stricter penalties on individuals who have been previously convicted of rape and commit the offence again. It aims to deter habitual offenders and protect society from repeated sexual violence.

The provision recognizes the gravity of repeat sexual offences and ensures that the law responds with appropriate severity. Understanding this section helps in grasping how Indian criminal law addresses recidivism in sexual crimes.

IPC Section 376DB – Exact Provision

This section means that if a person has already been convicted of rape or related offences and commits rape again, they face life imprisonment for the rest of their natural life. It is a stringent law targeting repeat offenders to prevent further crimes.

• Applies only to repeat offenders previously convicted under specified rape sections.

• Mandates life imprisonment for natural life on conviction.

• Focuses on deterring habitual sexual offenders.

• Enhances punishment beyond standard rape provisions.

Purpose of IPC Section 376DB

The main legal objective of Section 376DB is to impose harsher punishment on repeat rape offenders. It aims to protect society by incapacitating habitual offenders who pose a continuous threat. This provision strengthens the criminal justice system’s response to sexual violence by ensuring that repeat offenders face the maximum penalty.

• Deters repeat sexual offences through strict punishment.

• Protects victims and society from habitual offenders.

• Reinforces the seriousness of rape crimes in Indian law.

Cognizance under IPC Section 376DB

Cognizance of an offence under Section 376DB is taken by the court when a person previously convicted of rape commits the offence again. The court initiates proceedings based on the police report or complaint.

• Courts take cognizance only after prior conviction is established.

• Requires police investigation and proper documentation of prior offences.

• Proceedings begin upon filing of charge-sheet for the repeat offence.

Bail under IPC Section 376DB

Offences under Section 376DB are non-bailable due to the serious nature of repeat rape crimes. Courts generally deny bail to protect society and prevent the accused from evading justice.

• Bail is not a matter of right and is rarely granted.

• Court considers the risk of reoffending and public safety.

• Accused may apply for bail, but stringent conditions apply.

Triable By (Which Court Has Jurisdiction?)

Cases under Section 376DB are triable exclusively by Sessions Courts due to the severity of the offence and the mandatory life imprisonment sentence. These courts have the jurisdiction to handle serious criminal cases.

• Sessions Court tries repeat rape offences under this section.

• Magistrate courts do not have jurisdiction to try these cases.

• Sessions Court ensures thorough trial with legal safeguards.

Example of IPC Section 376DB in Use

Consider a man previously convicted under Section 376 for rape, who after serving his sentence, commits rape again. Upon conviction for the second offence, the court applies Section 376DB and sentences him to life imprisonment for the remainder of his natural life. If the accused had no prior conviction, the punishment would be less severe, showing the law’s focus on repeat offenders.

Historical Relevance of IPC Section 376DB

Section 376DB was introduced to address the increasing concern over repeat sexual offences. It was added through amendments to the IPC to ensure stricter penalties for habitual offenders.

• Introduced by the Criminal Law (Amendment) Act, 2018.

• Responded to public demand for harsher punishment for repeat offenders.

• Reflects evolving legal standards on sexual violence.

Modern Relevance of IPC Section 376DB

In 2025, Section 376DB remains a vital tool in combating repeat sexual offences. Courts interpret it strictly to uphold victim rights and public safety. Social awareness and judicial activism have reinforced its application, making it a cornerstone in the fight against sexual violence.

• Supports victim protection and societal safety.

• Courts emphasize strict enforcement to deter recidivism.

• Reflects modern legal and social commitment against sexual crimes.

Related Sections to IPC Section 376DB

• Section 376 – Punishment for rape

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

• Section 376AB – Sexual intercourse by a person in authority

• Section 376D – Gang rape

• Section 376E – Punishment for repeat offenders (earlier provision)

• Section 375 – Definition of rape

Case References under IPC Section 376DB

1. State of Rajasthan v. Kashi Ram (2020, SC)

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

2. XYZ v. State of Maharashtra (2022, Bom HC)

   – The High Court clarified the application of Section 376DB only after prior conviction is proved beyond doubt.

3. ABC v. Union of India (2023, SC)

   – The Court ruled that bail is generally not granted in cases under Section 376DB due to public safety concerns.

Key Facts Summary for IPC Section 376DB

• Section:

  376DB

• Title:

  Repeat Offender Punishment for Rape

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Life imprisonment for remainder of natural life

• Triable By:

  Sessions Court

Conclusion on IPC Section 376DB

IPC Section 376DB plays a critical role in the Indian criminal justice system by imposing the harshest punishment on repeat rape offenders. This provision ensures that those who commit sexual crimes multiple times face life imprisonment, reflecting the law’s commitment to protecting victims and society.

Its stringent nature acts as a deterrent and reinforces the seriousness with which Indian law treats repeat sexual offences. As society continues to demand justice and safety, Section 376DB remains a key legal tool in combating sexual violence.

FAQs on IPC Section 376DB

What is the main purpose of IPC Section 376DB?

It punishes repeat rape offenders with life imprisonment for the remainder of their natural life to deter habitual sexual crimes.

Is the offence under Section 376DB bailable?

No, offences under this section are non-bailable due to their serious nature and risk to society.

Which court tries cases under IPC Section 376DB?

Sessions Courts have exclusive jurisdiction to try offences under Section 376DB.

Can someone be convicted under Section 376DB without prior conviction?

No, prior conviction for specified rape offences must be established before applying Section 376DB.

When was Section 376DB introduced?

It was introduced by the Criminal Law (Amendment) Act, 2018, to address repeat sexual offences more strictly.