Only the person who physically committed the act is punished under this section.

Every member of the group acting together or with a shared plan is treated as having committed the offence and faces the same maximum punishment.

Indian Penal Code, 1860

Section 376DB

repealed

Punishment for gang rape on woman under twelve years of age

Where 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:1§

Why this exists

This section was added by the Criminal Law (Amendment) Act, 2018, after the 2018 Kathua case shocked the country and led to public demand for tougher punishment for the gang rape of very young children. Lawmakers wanted every member of a group involved in such a crime to face the harshest possible punishment, not just the person who directly committed the act, so that group crimes against small children are treated with maximum severity. The Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023 in 2024, which carries forward similarly severe punishment for this category of offence.

Common misconceptions

Myth: Only the person who physically committed the act is punished under this section.
Fact: Every member of the group acting together or with a shared plan is treated as having committed the offence and faces the same maximum punishment.