Lok Sabha has passed Criminal Law (Amendment) Bill, 2018 to provide death penalty to those convicted of raping girls below the age of 12 years. The Bill amends:
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Indian Penal Code (IPC),
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Criminal Procedure Code,
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Protection of Children from Sexual Offences (POCSO) Act and
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Indian Evidence Act.
Key Provisions of Ordinance
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It provides for stringent punishment of jail term of minimum 20 years or life imprisonment or death for rape of girl less than 12 years.
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It provides punishment with imprisonment for rest of life or death sentence in case of gang rape of girl below 12 years.
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It increases minimum punishment from 10 years to 20 years for crime of rape of girl under 16 years, which can be extended to imprisonment for rest of life.
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It increases minimum punishment for rape of women from rigorous imprisonment of 7 years to 10 years, which can be extended to life imprisonment.
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It provides for speedy investigation and trial, which must be completed in two months.
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It proposes 6 months’ time limit for disposal of appeals in rape cases.
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It provides dedicated manpower for investigation of rape cases in time bound manner.
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It provides no provision for anticipatory bail for person accused of rape or gang rape of girl under 16 years.
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It has also been provided that court has to give notice of 15 days to Public Prosecutor and representative of victim before deciding bail applications in case of rape of a girl under 16 years of age.
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It has provision for maintaining national database and profile of sexual offenders by National Crime Records Bureau (NCRB).
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This data will be regularly shared with States/UTs for monitoring, tracking and investigation including verification of antecedents by police.
