The NDA Govt cabinet on Saturday April 21,2018 approved the promulgation of the
Criminal Law (Amendment) Ordinance, 2018 for death penalty to those
convicted of raping children below 12 years of age.
The NDA Government will look at making changes in the existing law when the Parliament is in session in order to bring this into effect.
This move comes in the backdrop of the nationwide outrage over the alleged rape and murder of an eight-years old girl in Kathua district of Jammu & Kashmir and the rape of another minor in Unnao by a Bharatiya Janata Party (BJP) legislator.
The approval of the cabinet chaired by Prime Minister, Narendra Modi will serve to strengthening the existing legal provisions and act as an effective deterrence against commission of rape against minors and women in the country.
Apart from death penalty, the Centre has also decided to put in place a number of measures for speedy investigation and trial of rape cases.
These include an increase in minimum imprisonment from 7 to 10 years in cases of rape of women and increase from 10 to 20 years imprisonment for rape of a girl below 16 years of age. The punishment for gang-rape of a girl (irrespective of age) will invariably be imprisonment for rest of life of the convict.
It has also sought to set a two-month time line each for completion of investigation into rape cases and trial of accused. A six-month time line has been set for disposal of appeals in rape cases under the ordinance.
Seeking to tighten the law, it has been proposed that there would be no provision for anticipatory bail for a person accused of rape or gang-rape of a girl under 16 years. New fast track courts would also be set up in consultation with states/UTs and high courts for speedy redressal.
On 20 April, the Centre had informed the Supreme Court that it was considering amending the law to introduce death penalty to those convicted of sexually abusing children of 12 years of age or below.
Currently, under the provisions of the Protection of Children from Sexual Offences (POSCO) Act, 2012, the maximum punishment for aggravated sexual assault on minors is life imprisonment. The law deals with sexual offences against those below the age of 18 years.
Safety of women has been a long standing electoral promise of the ruling National Democratic Alliance (NDA) as the Union cabinet approved death penalty for people involved in raping girls blow 12-years-old. Senior leaders of the BJP, including Prime Minister Narendra Modi, had promised during 2014 general elections campaign that the union government under BJP would take tough steps for the security of women and girls in the country.
The proposed in the law comes at a time when the NDA government is under intense pressure from the opposition after one of the BJP legislators in Uttar Pradesh was accused of raping a minor girl.
Similarly, two BJP leaders who were ministers in the Jammu and Kashmir government had to resign from the state cabinet after the attended a public meeting in support of accused who had allegedly gang raped an 8-year-old girl.
Soon after the incidents, Prime Minister Narendra Modi and President Ram Nath Kovind both stepped in and assured that people involved in these crimes would be punished and also appealed to the people to work towards safety of girls and women in the country.
Countries which have the provision of the death penalty for raping minors include China, Qatar, Sudan, UAE, Tajikistan, Tunisia, Bangladesh and Kuwait.
What does the amended Criminal Law state?
• Minimum punishment in case of rape of women has been increased from rigorous imprisonment of 7 years to 10 years, extendable to life imprisonment.
• In case of rape of a girl under 16 years, minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which shall mean imprisonment till that person’s natural life.
• The punishment for gang rape of a girl under 16 years of age will invariably be imprisonment for rest of life of the convict.
• Stringent punishment for rape of a girl under 12 years has been provided – minimum 20 years’ imprisonment or imprisonment for rest of life or with death.
• In case of gang rape of a girl below 12 years, punishment will be imprisonment for rest of life or death sentence.
Speedy investigation and trial:
• Time limit for investigation of all cases of rape has been prescribed, which has to be mandatorily completed within 2 months.
• Time limit for completion of trial of all rape cases has also been prescribed and it has to be necessarily completed in 2 months.
• 6 months’ time limit for disposal of appeals in rape cases has also been prescribed.
Restrictions on bail
• It has been prescribed that there will be no provision for anticipatory bail for a person accused of rape or gang rape of a girl under 16 years.
• It has also been provided that court has to give notice of 15 days to Public Prosecutor and the representative of the victim before deciding bail applications in case of rape of a girl under 16 years of age.
Are there any other measures?
In order to give effect to the legal provisions and to improve the capacity of criminal justice system to deal with rape cases, Cabinet has approved a number of important measures:
(a) Strengthening the courts and prosecution
• New Fast Track Courts will be set up in consultation with States/UTs and High Courts.
• Creation of new posts of public prosecutors and related infrastructure in consultation with States/UTs.
• Special forensic kits for rape cases to all Police Stations and hospitals.
• Dedicated manpower will be provided for investigation of rape cases in a time bound manner.
• Setting up special forensic labs in each State/UT exclusively for rape cases.
• These measures will form part of a new mission mode project to be launched within 3 months.
(b) National Database
• National Crime Records Bureau will maintain a national database and profile of sexual offenders.
• This data will be regularly shared with States/UTs for tracking, monitoring and investigation, including verification of antecedents by police.
(c) Assistance to victims
• The present scheme of One Stop Centres for assistance to victim to be extended to all districts in the country.
Last year, Madhya Pradesh Assembly unanimously passed a legislation to amend Section 376A (Punishment for causing death or resulting in persistent vegetative state of victim) and 376D (Gang rape) under the Indian Penal Code. Treading on the heels of MP, Rajasthan, Arunachal Pradesh and Harayana followed suit and passed the legislation as well.
What is the POCSO Act?
Introduced in 2012, POCSO was enacted with the aim of protecting children, below the age of 18, from sexual abuse and assault. Unlike the law for rape under IPC, POCSO was enacted for all children, male and female. POCSO defines in detail forms of sexual assault like, aggravated penetrative sexual assault, aggravated sexual assault, penetrative sexual assault and sexual assault. The maximum punishment under the Act was imprisonment extending up to life
The NDA Government will look at making changes in the existing law when the Parliament is in session in order to bring this into effect.
This move comes in the backdrop of the nationwide outrage over the alleged rape and murder of an eight-years old girl in Kathua district of Jammu & Kashmir and the rape of another minor in Unnao by a Bharatiya Janata Party (BJP) legislator.
The approval of the cabinet chaired by Prime Minister, Narendra Modi will serve to strengthening the existing legal provisions and act as an effective deterrence against commission of rape against minors and women in the country.
Apart from death penalty, the Centre has also decided to put in place a number of measures for speedy investigation and trial of rape cases.
These include an increase in minimum imprisonment from 7 to 10 years in cases of rape of women and increase from 10 to 20 years imprisonment for rape of a girl below 16 years of age. The punishment for gang-rape of a girl (irrespective of age) will invariably be imprisonment for rest of life of the convict.
It has also sought to set a two-month time line each for completion of investigation into rape cases and trial of accused. A six-month time line has been set for disposal of appeals in rape cases under the ordinance.
Seeking to tighten the law, it has been proposed that there would be no provision for anticipatory bail for a person accused of rape or gang-rape of a girl under 16 years. New fast track courts would also be set up in consultation with states/UTs and high courts for speedy redressal.
On 20 April, the Centre had informed the Supreme Court that it was considering amending the law to introduce death penalty to those convicted of sexually abusing children of 12 years of age or below.
Currently, under the provisions of the Protection of Children from Sexual Offences (POSCO) Act, 2012, the maximum punishment for aggravated sexual assault on minors is life imprisonment. The law deals with sexual offences against those below the age of 18 years.
Safety of women has been a long standing electoral promise of the ruling National Democratic Alliance (NDA) as the Union cabinet approved death penalty for people involved in raping girls blow 12-years-old. Senior leaders of the BJP, including Prime Minister Narendra Modi, had promised during 2014 general elections campaign that the union government under BJP would take tough steps for the security of women and girls in the country.
The proposed in the law comes at a time when the NDA government is under intense pressure from the opposition after one of the BJP legislators in Uttar Pradesh was accused of raping a minor girl.
Similarly, two BJP leaders who were ministers in the Jammu and Kashmir government had to resign from the state cabinet after the attended a public meeting in support of accused who had allegedly gang raped an 8-year-old girl.
Soon after the incidents, Prime Minister Narendra Modi and President Ram Nath Kovind both stepped in and assured that people involved in these crimes would be punished and also appealed to the people to work towards safety of girls and women in the country.
Countries which have the provision of the death penalty for raping minors include China, Qatar, Sudan, UAE, Tajikistan, Tunisia, Bangladesh and Kuwait.
What does the amended Criminal Law state?
• Minimum punishment in case of rape of women has been increased from rigorous imprisonment of 7 years to 10 years, extendable to life imprisonment.
• In case of rape of a girl under 16 years, minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which shall mean imprisonment till that person’s natural life.
• The punishment for gang rape of a girl under 16 years of age will invariably be imprisonment for rest of life of the convict.
• Stringent punishment for rape of a girl under 12 years has been provided – minimum 20 years’ imprisonment or imprisonment for rest of life or with death.
• In case of gang rape of a girl below 12 years, punishment will be imprisonment for rest of life or death sentence.
Speedy investigation and trial:
• Time limit for investigation of all cases of rape has been prescribed, which has to be mandatorily completed within 2 months.
• Time limit for completion of trial of all rape cases has also been prescribed and it has to be necessarily completed in 2 months.
• 6 months’ time limit for disposal of appeals in rape cases has also been prescribed.
Restrictions on bail
• It has been prescribed that there will be no provision for anticipatory bail for a person accused of rape or gang rape of a girl under 16 years.
• It has also been provided that court has to give notice of 15 days to Public Prosecutor and the representative of the victim before deciding bail applications in case of rape of a girl under 16 years of age.
Are there any other measures?
In order to give effect to the legal provisions and to improve the capacity of criminal justice system to deal with rape cases, Cabinet has approved a number of important measures:
(a) Strengthening the courts and prosecution
• New Fast Track Courts will be set up in consultation with States/UTs and High Courts.
• Creation of new posts of public prosecutors and related infrastructure in consultation with States/UTs.
• Special forensic kits for rape cases to all Police Stations and hospitals.
• Dedicated manpower will be provided for investigation of rape cases in a time bound manner.
• Setting up special forensic labs in each State/UT exclusively for rape cases.
• These measures will form part of a new mission mode project to be launched within 3 months.
(b) National Database
• National Crime Records Bureau will maintain a national database and profile of sexual offenders.
• This data will be regularly shared with States/UTs for tracking, monitoring and investigation, including verification of antecedents by police.
(c) Assistance to victims
• The present scheme of One Stop Centres for assistance to victim to be extended to all districts in the country.
Last year, Madhya Pradesh Assembly unanimously passed a legislation to amend Section 376A (Punishment for causing death or resulting in persistent vegetative state of victim) and 376D (Gang rape) under the Indian Penal Code. Treading on the heels of MP, Rajasthan, Arunachal Pradesh and Harayana followed suit and passed the legislation as well.
What is the POCSO Act?
Introduced in 2012, POCSO was enacted with the aim of protecting children, below the age of 18, from sexual abuse and assault. Unlike the law for rape under IPC, POCSO was enacted for all children, male and female. POCSO defines in detail forms of sexual assault like, aggravated penetrative sexual assault, aggravated sexual assault, penetrative sexual assault and sexual assault. The maximum punishment under the Act was imprisonment extending up to life
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