Question

What is the main purpose of section 376 D-B?
1. Provision of punishment for gang rape of a woman below the age of 12 years
2. Provision for punishment for sexually assaulting a woman below the age of 12 years
3. Provision of punishment for child marriage of a woman below the age of 12 years
4. Provision of punishment for the prevention of sex trafficking of a woman under the age of 12 years

Answer 1

Correct Answer - Option 1 : Provision of punishment for gang rape of a woman below the age of 12 years

The correct answer is Provision of punishment for gang rape of a woman below the age of 12 years.

• Section 376 D-B 
  • 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 offense 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.
  • 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.
  • It has the provision of punishment for gang rape of a woman below the age of 12 years.

• ​Criminal Law Act 2013 has come into force wherein Section 370 of the Indian Penal Code has been substituted with Section 370 and 370A IPC which provide for comprehensive measures to counter the menace of human trafficking including trafficking of children for exploitation in any form including physical.
• The central government passed the ordinance to amend the Protection of Children from Sexual Offences (POCSO) Act to grant the death penalty for the rape of children under the age of 12.
  • The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formed to protect children from offenses of sexual abuse, sexual harassment, and pornography and to provide a child-friendly system for the trial of these offenses.
• Prohibition of Child Marriage Act, 2006 has a threefold purpose i.e. prevention of child marriages, protection of children involved, and prosecution of offenders. 
  • This law has declared child marriage to be a cognizable and non-bailable offence.
  • According to Indian law, is a marriage where either the woman is below the age of 18 or the man is below the age of 21.