INDIAN KANOON SECTION 376A IPC - Indian Penal Code - Punishment for causing death or resulting in persistent vegetative state of victim [1]

Description

Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person?s natural life, or with death.

¹ Criminal Law (Amendment) Act, 2013

Applicable Offences

Person committing an offence of rape and inflicting injury which causes death or causes the woman to be in a persistent vegetative state

Punishment - Rigorous Imprisonment for 20 years to Imprisonment for Natural-Life or Death

This is a Non-bailable, Cognizable offence and triable by Court of Session

This offence is NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.