§ 376G — Incest

376G.—(1) Any person (A) of or above 16 years of age who —(a)

penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person of or above 16 years of age who is a close family relative (B);

(b)

sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of a person of or above 16 years of age who is a close family relative (B);

(c)

causes or permits a man of or above 16 years of age who is a close family relative (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of A; or

(d)

causes or permits a person of or above 16 years of age who is a close family relative (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of A,

knowing that B is a close family relative, shall be guilty of an offence.

[15/2019]

(2) For the purposes of subsection (1), B is a close family relative of A if B is A’s grandchild, child, sibling, half‑sibling, parent or grandparent (whether such relationship is or is not traced through lawful wedlock).[15/2019]

(3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years.[15/2019]

(4) This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a), 375(1A)(a), 376(2) or 376AA(1).[15/2019]

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

(5) To avoid doubt —(a)

it is not necessary for the prosecution to prove that B did consent to the act of penetration mentioned in subsection (1); and

(b)

it is not a defence that B did consent to that act.[15/2019]

(6) A person below 18 years of age who is a victim of an offence under section 376AA is not guilty of an offence under this section in respect of the same acts constituting the offence under that section.[15/2019]

—(1) Any person (A) of or above 16 years of age who —(a)

penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person of or above 16 years of age who is a close family relative (B);

(b)

sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of a person of or above 16 years of age who is a close family relative (B);

(c)

causes or permits a man of or above 16 years of age who is a close family relative (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of A; or

(d)

causes or permits a person of or above 16 years of age who is a close family relative (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of A,

knowing that B is a close family relative, shall be guilty of an offence.

[15/2019]

(2) For the purposes of subsection (1), B is a close family relative of A if B is A’s grandchild, child, sibling, half‑sibling, parent or grandparent (whether such relationship is or is not traced through lawful wedlock).[15/2019]

(3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years.[15/2019]

(4) This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a), 375(1A)(a), 376(2) or 376AA(1).[15/2019]

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

(5) To avoid doubt —(a)

it is not necessary for the prosecution to prove that B did consent to the act of penetration mentioned in subsection (1); and

(b)

it is not a defence that B did consent to that act.[15/2019]

(6) A person below 18 years of age who is a victim of an offence under section 376AA is not guilty of an offence under this section in respect of the same acts constituting the offence under that section.[15/2019]