Punishment for gang rape on woman under twelve years of age 2
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Summary
When a girl under twelve years is raped by two or more people acting together or with a common intention, each person is treated as having committed rape. The punishment is life imprisonment for the remainder of that person’s natural life, and a fine, or death. Any fine must be just and reasonable to meet the victim’s medical expenses and rehabilitation and must be paid to the victim.
Example
Diya, age 10, is attacked and raped by three men who planned the assault together. Under this provision each of the three will be held to have committed rape and can be sentenced to life imprisonment for the remainder of their natural lives, and also to a fine or death. Any fine must be reasonable to cover Diya’s medical treatment and rehabilitation and must be paid to her.
Bare Act
Enacted textWhere a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life,which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death:2
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided further that any fine imposed under this section shall be paid to the victim.
2 Criminal Law (Amendment) Act, 2018
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