s 376A Sexual penetration of minor below 16 years of age
376A.—(1) Any person (A) who —(a) penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person below 16 years of age (B); (b) 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 a person below 16 years of age (B); (c) causes a man below 16 years of age (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or (d) causes a person below 16 years of age (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. [15/2019] (1A) 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(1)(b) read with section 375(3), 375(1A)(a), 375(1A)(b) read with section 375(3), 376(2) (if the victim B is of or above 14 years of age) or 376(2) (if the victim B is below 14 years of age) read with section 376(4).[15/2019] [Act 23 of 2021 wef 01/03/2022] (1B) To avoid doubt —(a) it is not necessary for the prosecution to prove that B did consent to an act of penetration mentioned in subsection (1); and (b) it is not a defence that B did consent to that act.[15/2019] (2) Whoever commits an offence under this section against a person (B) who is of or above 14 years of age but below 16 years of age —(a) in a case where the offender is in a relationship that is exploitative of B, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning; and (b) in any other case, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.[15/2019] (3) Whoever commits an offence under this section against a person (B) who is below 14 years of age 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) No person shall be guilty of an offence under this section for an act of penetration against his or her spouse with the consent of that spouse. —(1) Any person (A) who —(a) penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person below 16 years of age (B); (b) 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 a person below 16 years of age (B); (c) causes a man below 16 years of age (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or (d) causes a person below 16 years of age (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. [15/2019] (1A) 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(1)(b) read with section 375(3), 375(1A)(a), 375(1A)(b) read with section 375(3), 376(2) (if the victim B is of or above 14 years of age) or 376(2) (if the victim B is below 14 years of age) read with section 376(4).[15/2019] [Act 23 of 2021 wef 01/03/2022] (1B) To avoid doubt —(a) it is not necessary for the prosecution to prove that B did consent to an act of penetration mentioned in subsection (1); and (b) it is not a defence that B did consent to that act.[15/2019] (2) Whoever commits an offence under this section against a person (B) who is of or above 14 years of age but below 16 years of age —(a) in a case where the offender is in a relationship that is exploitative of B, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning; and (b) in any other case, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.[15/2019] (3) Whoever commits an offence under this section against a person (B) who is below 14 years of age 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) No person shall be guilty of an offence under this section for an act of penetration against his or her spouse with the consent of that spouse.