Amendment of laws relating to rape - A bird's eye view

On 21^st April 2018, the Criminal Law (Amendment) Ordinance was promulgated to amend the law relating to sexual offences against women. The Ordinance is yet to become an Act. The Ordinance brings changes both in substantive as well as procedural laws relating to sexual crimes against women in India. The Ordinance will amend the following four enactments:

1. The Indian Penal Code (IPC)
2. The Code of Criminal Procedure, 1973
3. The Indian Evidence Act, 1872
4. Protection of Children from Sexual Offenses Act, 2012.

Amendments to The Indian Penal Code:

The ordinance increases the Punishment for rape allowing death as a maximum punishment for rape committed on women below the age of 12. While amendments are proposed to provisions of Sections 166A, 228A, 376, there are new sections to be inserted in this regard. (Sections 376AB, 376DA and 376DB) 

1. Increase in Punishment for rape:

For better understanding, let us classify this into three categories:

Nature of offence	Present provision	Provision after the amendment
Rape of women above the age of 16	Minimum Punishment : 7 years of imprisonment Maximum Punishment : 10 years of imprisonment or imprisonment up to life and fine	Minimum Punishment : 10 years of imprisonment Maximum Punishment : Life Imprisonment and fine
Rape of women below the age of 16  (above 12 years)	Minimum Punishment : 10 years of rigorous imprisonment Maximum Punishment : Imprisonment for life and fine	Minimum Punishment : 20 years of rigorous imprisonment Maximum Punishment : Life Imprisonment and fine
Rape of women below the age of 12.	Minimum Punishment : 10 years of rigorous imprisonment Maximum Punishment : Imprisonment for life and fine	Minimum Punishment : 20 years of rigorous imprisonment Maximum Punishment : Death or Life Imprisonment and fine

           

2. Proviso for payment of fine to the victim :

This is a new legal change to be brought in by the amendment. While the current legal provision prescribes fine to be levied on the rape convict, this new provision in addition to this, adds the following:

·        The fine imposed shall be paid to the victim.

·        Such fine shall be just and reasonable to bear the medical expenses and rehabilitation of the victim.

3. Increase in Punishment for Gang Rape:

Nature of offence	Present provision	Provision after the amendment
Rape of women below the age of 16  (above 12 years)	Minimum Punishment : 20 years of rigorous imprisonment Maximum Punishment : Imprisonment for life and fine	Punishment :Life Imprisonment and fine
Rape of women below the age of 12.	Minimum Punishment : 20 years of rigorous imprisonment Maximum Punishment : Imprisonment for life and fine	Punishment : Death or Life Imprisonment and fine

Amendments to The Criminal Procedure Code:

1. Timeframe to complete investigation of rape cases: At present Section 173(1A) of criminal Procedure Code (CRPC) prescribes that investigation in relation to rape of child shall be completed within 3 months. This Ordinance prescribes the same timeframe of three months for all sexual crimes under Sections 376 to 376DBof IPC.
2. No Anticipatory Bail in certain cases :

Amendment to Section 438 of CRPC prohibits anticipatory bail (grant of bail to person apprehending arrest) in the following cases:

·        Rape of women below 16 years of age.

·        Rape of women below 12 years of age.

·        Gang rape of women below 16 years of age.

·        Gang rape of women below 12 years of age.

3. Additional provisions relating to bail:

·        The High Court or the Court of Sessions granting bail to a person accused on offences under Sections 376, 376DA or 376DA of IPC, shall give notice of application for bail to the public prosecutor within 15 days from the date of receipt of such notice of application.

·        Presence of the informant or person authorized by him is mandatory at the time hearing the Bail Application.

4. Time frame for disposal of appeals:

The Ordinance provides a timeframe for disposal of appeals against conviction in sexual crimes against women (under Sections 376 to 376E of IPC). Accordingly the same shall be disposed of within a period of three months.

SAVITHA G

REGISTRATION OF DOCUMENTS IN TAMILNADU - PRACTICAL ISSUES

One of the significant developments in the area of document registration in Tamil Nadu is Online registration of documents. 

The Registration Act, 1908 mandates the registration of certain documents with the concerned Authorities (District Registrar / Sub Registrar of the concerned Jurisdiction as the case may be).

Before making the online registration compulsory, Registration of a document with the Registrar involves the following three steps:

1. Drafting of document.

2. Printing / typing the draft of the document in the stamp paper of prescribed value.

3. Presenting the executed document before the office of the Registrar and completing the Registration.

After the introduction of online registration there is a common misconception prevailing among people that the all the above said stages are to be done Online. However that is not the case. All the above said stages very well exist even now. In addition to the above, there is another formality which involves updating of the particulars of the document to be registered with the Registrar in the web portal of Tamil Nadu Registration department.

How does this works?

1. Upon creation of the final draft of the documents the particulars of the same are to be uploaded with the TN Registration Department's website by using the log in facility which is available in the page. There are two types of registered users who can activate their user IDs there - One is for document writers and second is for general public.

2. Subsequent to the updating of the required particulars a Transaction Process (TP) number is generated.

3. Upon successful generation of TP, a preview of the document will be generated. One can either print the PDF generated by the website or his/her own draft on the stamp paper of the required value and presented for registration.

5. Appointment has to be obtained for registration after which the usual registration process will follow.

Some key take aways:

1. Plan your Registration: Unlike before, Registration of documents may not happen within few hours of your decision to register. It may happen in a one or two days  to complete the formalities depending on the complexity of the document proposed to be registered. Therefore it is advisable to plan the registration with a buffer time of week to complete the process.

2. Take proper professional assistance: Even though the access to registration website is open to public, it is advisable to take the help of an Advocate/registered document writer to complete the Registration as the entire process in little tricky and expertise is very important to complete the same.

3. Make a document checklist: Before commencing the work, make a simple checklist of documents required. Make sure that all the required documents relating to the registration are available. Unlike before, the documents connected with the registration are to be uploaded at the time of making the online application which includes the ID proof documents of the parties and the witnesses.

4. Verify the particulars thoroughly: make sure that you verify the particulars of the documents thoroughly before the same is sent for online approval. Also ensure that no information is left out in the daft. Unlike before, last minute alterations cannot be made in the documents, even if the parties to the same give their consent. If the change is significant, then the entire process has to be commenced from the beginning.

5. Receipt of original document: At the time of creating the document online, it is mandatory to select the person who is entitled to receive the original document (Either of parties to the registration). The same person should turn up for collecting the document, once the same is ready. Upon matching their thumb impression in the biometric system, the document shall be released.

There are pros and cons in every procedural change introduced by the Government. This system too has its own advantages as well as difficulties. My post is not intended to discuss both. As a lawyer and a responsible citizen, I wanted to share my limited knowledge in this area to help people who need this information in some way or the other.

Thanks for the read.

SAVITHA G