What: Ordinance
Why: death for rape of a girl under 12 years.
Who: The President
- President Ram Nath Kovind has promulgated the Criminal Law (Amendment) ordinance 2018 on April 22, 2018.
- The Union Cabinet on April 21, 2018 had approved the promulgation of the ordinance for effective deterrence against commission of rape and instilling a sense of security among women, especially young girls. The government move came against the backdrop of the alleged rape and murder of a girl in Jammu and Kashmir’s Kathua and alleged rape of a girl in Uttar Pradesh’s Unnao district. These incidence had outraged the nation and even IMF chief had raised question on women safety in India.
Key Provisions
- The Ordinance amends the Indian Penal Code, Indian Evidence Act, the Code of Criminal Procedure and the Protection of Children from Sexual Offences Act (POSCO).
- Under 12 years: The amendment provides for stringent punishment of a jail term of minimum 20 years or life imprisonment or death for rape of a girl under 12 years.
- Girl under 16 years: As per the amendment, in case of rape of a girl under 16 years, minimum punishment has been increased to 20 years from the existing ten years. It is extendable to imprisonment for rest of life, which shall mean imprisonment till that person’s natural life.
- Women: Through the amendment, minimum punishment for rape of women has also been increased from rigorous imprisonment of 7 years to 10 years, which can be extended to life imprisonment.
- Time limit for trial: The time limit for investigation of all cases of rape has been prescribed, which has to be mandatorily completed within two months.
- Time limit for completion of trial of all rape cases has also been prescribed and it has to be necessarily completed in two months.
- It has also been prescribed that there will be no provision of anticipatory bail for a person accused of rape or gang rape of a girl under 16 years.
