Section 376
of Penal Code
Section 376
(1)
Subject to subsections (2), (3) and (4). whoever commits rape shall be punished wiilimpisonment for a term which mqxxtend to 30 years and whipping.
(2)
Whoever -
(a)
in order to commit or to facilitate the commission of an offence of rape against any woman -
(i)
voluntarily causes hurt to her or to any other person; or
(ii)
puts her in fear of death or hurt to herself or any other person;
(b)
commits rape against a woman under 14 years of age; or
(c)
is in a position of trust or authority towards a woman or is a person with whom the woman is in a relationship of dependency, commits rape against a woman, shall be punished with imprisonment for a term of not less than 10 years and not more than 30 years and whipping with not less than 12 strokes.
(3)
Whoever commits rape against a woman under 14 years of age -
(a)
voluntarily causes hurt to her or to any other person;
(b)
puts her in fear of death or hurt to herself or any other person;
(c)
is in a position of trust or authority towards her or is a person with whom she is in a relationship of dependency, shall be punished with imprisonment for a term of not less than 15 years and not more than 30 years and whipping with not less than 12 strokes.
(4)
Any person who is convicted of an offence under this section shall, in the case of a second or subsequent conviction, be punished with imprisonment for a term of not less than 20 years and not more than 50 years and whipping with not less than 20 strokes.
B.L. R.O. 5 2021
160 CAP. 22
Penal Code
(5)
In any case in which section 258 of the Criminal Procedure
Code (Chapter 7) applies, the Court shall sentence the offender. instead of whipping, to imprisonment for a term which may extend to 12 months, in a addition to the punishment to which he has been sentenced under this section.