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