On
21st 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:
- The Indian Penal Code (IPC)
- The Code of Criminal Procedure, 1973
- The Indian Evidence Act, 1872
- 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)
- 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
|
- 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.
- 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:
- 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.
- 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.
- 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.
- 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
SAVITHA G