376G. Incest
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
Any person (A) of or above 16 years of age who —
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);
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);
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
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.
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).
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.
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).
To avoid doubt —
it is not necessary for the prosecution to prove that B did consent to the act of penetration mentioned in subsection (1); and
it is not a defence that B did consent to that act.
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.