§ 376 — Sexual assault involving penetration

376.—(1) [Deleted by Act 23 of 2021 wef 01/03/2022](2) Any person (A) who —(a)

sexually penetrates, with a part of A’s body (other than A’s penis, if a man) or anything else, the vagina or anus, as the case may be, of another person (B);

(b)

causes a man (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or

(c)

causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis, if a man) or anything else, the vagina or anus, as the case may be, of any person including A or B,

shall be guilty of an offence if B did not consent to the penetration or if B is below 14 years of age, whether B did or did not consent to the penetration.

[15/2019]

(3) Subject to subsection (4), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

(4) Whoever —(a)

in order to commit or to facilitate the commission of an offence under subsection (2) —(i)

voluntarily causes hurt to any person; or

(ii)

puts any person in fear of death or hurt to himself or any other person;[Act 23 of 2021 wef 01/03/2022]

(b)

commits an offence under subsection (2) against a person below 14 years of age without that person’s consent; or[Act 23 of 2021 wef 01/03/2022]

(c)

commits an offence under subsection (2) against a person below 14 years of age with whom the offender is in a relationship that is exploitative of that person,

shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.

[15/2019]

[Act 23 of 2021 wef 01/03/2022]

(5) No person shall be guilty of an offence under subsection (2) —(a)

for an act of penetration against his or her spouse with the consent of that spouse; or

(b)

if despite section 79, that person proves that by reason of mistake of fact in good faith, the person believed that B mentioned in those subsections did consent to the penetration and B was not below 14 years of age.[15/2019]

[Act 23 of 2021 wef 01/03/2022]

(6) No person shall be punished under subsection (4)(b) if the person proves that by reason of mistake of fact in good faith, the person believed that the act of penetration against a person below 14 years of age was done with consent.[15/2019]

[Act 23 of 2021 wef 01/03/2022]

—(1) [Deleted by Act 23 of 2021 wef 01/03/2022]

(2) Any person (A) who —(a)

sexually penetrates, with a part of A’s body (other than A’s penis, if a man) or anything else, the vagina or anus, as the case may be, of another person (B);

(b)

causes a man (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or

(c)

causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis, if a man) or anything else, the vagina or anus, as the case may be, of any person including A or B,

shall be guilty of an offence if B did not consent to the penetration or if B is below 14 years of age, whether B did or did not consent to the penetration.

[15/2019]

(3) Subject to subsection (4), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

(4) Whoever —(a)

in order to commit or to facilitate the commission of an offence under subsection (2) —(i)

voluntarily causes hurt to any person; or

(ii)

puts any person in fear of death or hurt to himself or any other person;[Act 23 of 2021 wef 01/03/2022]

(b)

commits an offence under subsection (2) against a person below 14 years of age without that person’s consent; or[Act 23 of 2021 wef 01/03/2022]

(c)

commits an offence under subsection (2) against a person below 14 years of age with whom the offender is in a relationship that is exploitative of that person,

shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.

[15/2019]

[Act 23 of 2021 wef 01/03/2022]

(5) No person shall be guilty of an offence under subsection (2) —(a)

for an act of penetration against his or her spouse with the consent of that spouse; or

(b)

if despite section 79, that person proves that by reason of mistake of fact in good faith, the person believed that B mentioned in those subsections did consent to the penetration and B was not below 14 years of age.[15/2019]

[Act 23 of 2021 wef 01/03/2022]

(6) No person shall be punished under subsection (4)(b) if the person proves that by reason of mistake of fact in good faith, the person believed that the act of penetration against a person below 14 years of age was done with consent.[15/2019]

[Act 23 of 2021 wef 01/03/2022]