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Question

Gang Rape under Section 376 D where a woman is raped by one or more persons constituting a group, each of those persons shall be punished with rigorous imprisonment for a term which shall not be less than

The correct answer is
Twenty years

Understanding Section 376D: Punishment for Gang Rape

Section 376D of the Indian Penal Code (IPC) specifically addresses the offense of Gang Rape. This section applies when a woman is raped by two or more individuals acting in concert or constituting a group.

Legal Provision for Gang Rape Punishment

According to Section 376D of the IPC, the punishment for committing gang rape is stringent. The law mandates rigorous imprisonment for the individuals involved.

Specifically, the provision states that each person constituting the group shall be punished with rigorous imprisonment for a term which shall not be less than twenty years. However, this term may extend to imprisonment for life.

Analysis of Punishment Term

  • The minimum term of rigorous imprisonment prescribed is 20 years.
  • The imprisonment can extend to life imprisonment, indicating the severity of the offense.

Why Other Options Are Incorrect

The law clearly defines the minimum punishment. Let's examine why the other options do not align with Section 376D:

  • Five years: This term is significantly lower than the minimum prescribed under Section 376D.
  • Ten years: While a substantial period, this term is also less than the legally mandated minimum of 20 years for gang rape.
  • Twelve years: Similar to ten years, this term falls short of the minimum punishment stipulated in Section 376D.

Therefore, the mandatory minimum punishment under Section 376D for gang rape is rigorous imprisonment for a term that is not less than 20 years.

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