Indian criminal law | Updated October 2026

IPC Section 376AB: Punishment for Rape of a Girl Below 12 Years

Section 376AB of the Indian Penal Code, 1860 provided enhanced punishment for rape of a girl below twelve years. For offences governed by the Bharatiya Nyaya Sanhita, 2023, the corresponding provision is Section 65(2) BNS.

Key legal position: The BNS came into force on 1 July 2024. The date of the alleged offence and the applicable saving and transitional provisions determine whether the IPC or BNS applies. The punishment described here is not a mandatory death sentence; the statute provides sentencing alternatives.

What did IPC Section 376AB provide?

The substantive text of IPC Section 376AB, inserted by the Criminal Law (Amendment) Act, 2018, reads:

Whoever, commits rape on a woman under twelve years of age 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, and with fine or with death:
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.

The provision concerns a victim who was under twelve years of age when the offence occurred. The age threshold is strict: a child who has attained twelve years is not within this specific under-twelve category, although other serious offences and punishments may apply.

Corresponding law: BNS Section 65(2)

Section 65(2) of the Bharatiya Nyaya Sanhita, 2023 addresses rape of a woman under twelve years of age. It prescribes rigorous imprisonment for not less than twenty years, which may extend to imprisonment for the remainder of the offender's natural life, and fine, or death. The fine is intended to meet the medical expenses and rehabilitation of the victim and is payable to the victim as provided by law.

The definition of rape is contained in Section 63 BNS, corresponding broadly to Section 375 IPC. In the case of a girl below eighteen years, the statutory definition makes purported consent immaterial to acts falling within it.

Punishment and legal effect

Issue	Legal position
Earlier IPC provision	Section 376AB, Indian Penal Code, 1860
Corresponding BNS provision	Section 65(2), Bharatiya Nyaya Sanhita, 2023
Victim's age	Under twelve years at the time of the offence
Minimum imprisonment	Twenty years of rigorous imprisonment
Maximum punishment	Imprisonment for the remainder of natural life, or death, as provided by the applicable provision
Fine	Fine directed towards the victim's medical expenses and rehabilitation, payable to the victim under the statutory provisos
Nature of offence	Serious cognizable and non-bailable offence, triable by a Court of Session

Essential ingredients

The prosecution must establish an act amounting to rape under the applicable statutory definition.
The victim must have been below twelve years of age at the relevant time.
The accused's guilt must be established in accordance with the applicable evidentiary and criminal procedure rules.

Age may be proved using legally admissible school, birth registration and other relevant records, and where necessary medical evidence, subject to applicable statutory rules and judicial principles. Every case depends on its evidence.

Relationship with the POCSO Act

The Protection of Children from Sexual Offences Act, 2012 (POCSO) protects children below eighteen years of age. Conduct involving a girl under twelve may attract both BNS provisions and POCSO provisions, including the provisions concerning aggravated penetrative sexual assault, depending on the facts. The applicable charging and sentencing rules, including Section 42 of POCSO where relevant, require careful examination; penalties should not simply be added together.

Reporting, investigation and safeguards

Reports of sexual offences involving children should be handled under the applicable provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the POCSO Act. Child-friendly procedures, privacy protections and restrictions on disclosure of the child's identity must be observed. The law provides mechanisms for medical care, assistance, and victim compensation, subject to applicable rules.

Section 376 IPC concerns punishment for rape generally; Section 376A IPC addresses death or persistent vegetative state resulting from injury inflicted in the course of rape; and Section 376DB IPC concerns gang rape of a girl below twelve. These are distinct offences or sentencing provisions and should not be confused.

Official legal sources

Frequently asked questions

What is the punishment under IPC Section 376AB?

Rigorous imprisonment of at least 20 years, extending to imprisonment for the remainder of natural life, or death, together with a fine as prescribed.

What is the corresponding BNS provision?

Section 65(2) of the Bharatiya Nyaya Sanhita, 2023 addresses rape of a woman under twelve years of age.

Does consent change the offence where the child is below 12?

No. Under the statutory definition of rape, sexual acts covered by the provision with a girl under 18 are rape irrespective of purported consent.

Does the POCSO Act also apply?

The Protection of Children from Sexual Offences Act, 2012 may apply concurrently; the precise charges and sentencing require examination of the facts and applicable statutory provisions.

This article is general legal information. The exact law applicable to a particular case depends on the date of the incident, the facts, legislative amendments and binding judicial decisions.