The Union Cabinet has approved promulgation of Criminal Law (Amendment) Ordinance to provide death penalty for those convicted of raping girls below 12 years of age.
- The Ordinance amends the IPC (Indian Penal Code), Criminal Procedure Code, POCSO (Protection of Children from Sexual Offences) Act and Indian Evidence Act.
- This was approved in a meeting of the Union Cabinet chaired by the PM Modi.
- The decision came a day after the Ministry of Women and Child Development told the Supreme Court that it was proposing the death penalty for those convicted of raping children.
- Death penalty has been provided for rapists of girls below 12 years of age.
- It has also been decided to put in place a number of measures for speedy investigation and trial of rape cases.
- The Ordinance was sent to the President for his approval and he has given his nod.
- The Cabinet move came in the backdrop of nationwide outrage over the rape and murder of an eight-year-old girl in Kathua in Jammu and Kashmir, and other instances in different parts of the country.
Salient features of the Ordinance
Criminal Law
- Minimum punishment in case of rape of women has been increased from an imprisonment of 7 years to 10 years which is extendable to even life imprisonment.
- In case of a rape of a girl below 16 years of age, the minimum punishment has been increased from 10 years to 20 years, extendable to life imprisonment.
- The punishment for gang rape of a girl under 16 years of age will be an imprisonment for the rest of the life of the convict.
- In case of a rape of a girl below 12 years of age - minimum 20 years imprisonment or imprisonment for the rest of the life or with death.
- In case of gang rape of a girl below 12 years of age – imprisonment for the rest of the life
Speedy investigation and trial
- It provides for speedy investigation and trial, which must be completed in two months.
- It proposes 6 months’ time limit for disposal of appeals in rape cases.
- It provides dedicated manpower for investigation of rape cases in time bound manner.
Restrictions on bail
- It has been prescribed that there will be no provision for anticipatory bail for a person accused of rap roe gang rape of a girl under 16 years of age.
- The court has to give a notice of 15 days to Public Prosecutor and the representative of the victim before deciding bail applications in case of rape of a girl below 16 years of age.
Other measures
Strengthening the courts and prosecution
- New fast-track courts will be set up in consultations with the States/UTs and High Courts.
- Creation of new posts of public prosecutor and related infrastructure.
- Special forensic kits for rape cases for all police stations and hospitals.
- Setting up of special forensic labs in each State/UT exclusively for rape cases.
- Dedicated manpower will be provided for investigation of rape cases in a time bound manner.
- This new mission mode project will be launched within 3 months.
National Database
- The national database and the profiles of the offenders will be maintained by the NCRB (National Crime Records Bureau).
- This data will be regularly shared with the States/UTs for tracking, monitoring and investigation including police verification.
Assistance to victims
- The present scheme of One Stop Centre for the assistance of victims will be extended to all districts in the country.
