Criminal Law (Amendment) Bill 2018: Explained
New Delhi, July 30: The Criminal Law (Amendment) Bill, 2018, was passed by the Lok Sabha on Monday. The bill provides for stringent punishment including the death penalty for those convicted of raping girls below the age of 12 years.
The demand for the death penalty for those convicted of raping gained momentum after Kathua gangrape incident involving an 8-year-old girl. Several states including Haryana and Rajasthan have already passed such a law in their assemblies.
The amendment bill, once approved by Parliament, will replace the Criminal Law ( Amendment) Ordinance promulgated on April 21, following an outcry over the rape and murder of a minor girl in Kathua in Jammu and Kashmir and the rape of another woman in Unnao in Uttar Pradesh.
The bill stipulates stringent punishment for perpetrators of rape, particularly of girls below 12 years. Death sentence has been provided for rapists of girls under 12 years.
The minimum punishment in case of rape of women has been increased from rigorous imprisonment of seven years to 10 years, extendable to life imprisonment.
According to the bill, in case of rape of a girl under 16 years, the minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which means jail term till the convicts' "natural life".
The punishment for gang rape of a girl below 16 years will invariably be imprisonment for the rest of life of the convict, another official said.
Stringent punishment for rape of a girl under 12 years has been provided with the minimum jail term being 20 years which may go up to life in prison or death sentence. Gang rape of a girl under 12 years of age will invite punishment of jail term for the rest of life or death.
The measure also provides for speedy investigations and trial. The time limit for investigation of all cases of rape has been prescribed, which has to be mandatorily completed within two months.
The deadline for the completion of trial in all rape cases will be two months. A six-month time limit for the disposal of appeals in rape cases has also been prescribed.
There will also 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 prescribed that a court has to give notice of 15 days to a public prosecutor and the representative of the victim before deciding bail applications in case of rape of a girl under 16 years of age.