Criminal Law (Amendment) Bill, 2018 was introduced in Lok Sabha to further amend the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012.
Recent incidents of rape and gang rape on women under the age of sixteen years and twelve years have shaken the conscience of the entire Nation. Therefore, the offences of rape and gang rape on women under the age of sixteen years and twelve years required effective deterrence through legal provisions of more stringent punishment. Some of the incidents in recent years have been marked by increased brutality and violence perpetrated on minor girls. This has fueled demands from various sections of the society to make the penal provisions more stringent and effective, immediate arrest of the accused and ensure speedy trial in such cases.
2. As the Parliament was not in session and immediate action was required to be taken in this regard to make necessary amendments in the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012, the President promulgated the Criminal Law (Amendment) Ordinance, 2018 on 21st April, 2018.
3. It is, therefore, proposed to introduce the Criminal Law (Amendment) Bill, 2018 to replace the Criminal Law (Amendment) Ordinance, 2018, which, inter alia, provides for:—
(a) punishment for the offence of rape from the minimum imprisonment of seven years to ten years, which is extendable to imprisonment for life;
(b) punishment for the offence of rape on a woman under sixteen years of age shall be rigorous imprisonment for a term not less than twenty years but may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and shall also be liable to fine;
(c) punishment for the offence of rape on a woman under twelve years of age shall be rigorous imprisonment for a term not less than twenty years but may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and with fine or with death;
(d) punishment for the offence of gang rape on a woman under sixteen years of age shall be imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and with fine;
(e) punishment for the offence of gang rape on a woman under twelve years of age shall be imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and with fine or with death;
(f) investigation in relation to all rape cases shall be completed within a period of two months from the date on which the information recorded by the officer- in-charge of the police station;
(g) completion of inquiry or trial relating to the offence of rape, within a period of two months;
(h) dispose of an appeal against a conviction or a cquittal in rape cases within a period of six months from the date of filing of the appeal;
(i) the provisions of anticipatory bail shall not be applicable in cases of rape or gang rape of woman under sixteen and twelve years of age;
(j) consequential amendments in the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012 relating to the cases of rape, gang rape of the woman below the age of sixteen years, twelve years, repeat offenders, to extend the applicability of compulsory registration of FIRs, fine imposed to be paid to victim, facilitate better recording of evidence and protect the dignity of rape survivor and treatment free of cost in hospitals.
4. The Bill seeks to achieve the above objectives.
Notes on clauses of Criminal Law (Amendment) Bill, 2018
Clause 1. — This clause seeks to provide for short title and commencement of the Act.
Clause 2. — This clause seeks to amend section 166A of the Indian Penal Code so as to insert newly proposed sections 376AB, 376DA and 376DB therein.
Clause 3. — This clause seeks to amend section 228A of the Indian Penal Code so as to insert the newly proposed sections 376AB, 376DA and 376DB therein.
Clause 4. — This clause seeks to amend section 376 of the Indian Penal Code to enhance the punishment from seven years to ten years provided therein and to insert a new sub-section (3) to provide for punishment for rape on women under sixteen years of age for a term of twenty years but which may extend to imprisonment for life and with fine.
Clause 5. — This clause seeks to insert a new section 376AB in the Indian Penal Code to provide for punishment for rape on women under twelve years of age for a term of twenty years which may extend to imprisonment for life and with fine or with death.
Clause 6. — This clause seeks to insert a new section 376DA in the India Penal Code to provide for punishment for gang rape on women under sixteen years of age, committed in furtherance of common intention,for imprisonment for life and with fine.
It further provides to insert a new section 376DB to provide for punishment for gang rape on woman under twelve years of age, committed in furtherance of common intention for imprisonment for life and with fine or with death.
Clause 7. — This clause seeks to amend section 376E of the Indian Penal Code to insert therein the newly proposed sections 376AB, 376DA, and 376 DB of the Indian Penal Code so as to bring these sections within its purview.
Clause 8. — This clause seeks to amend section 53 A of the Indian Evidence Act, 1872 to insert therein the newly proposed sections 376AB,376DA and 376DB of the Indian Penal Code so as to bring these sections within its purview.
Clause 9. — This clause seeks to amend section 146 of the Indian Evidence Act, 1872 to insert therein the newly proposed sections 376AB,376DA and 376DB of the Indian Penal Code so as to bring these sections within its purview.
Clause 10. — This clause seeks to amend section 26 of the Code of Criminal Procedure, 1973 to insert therein the newly proposed sections 376AB,376DA and 376DB of the Indian Penal Code so as to bring these sections within its purview.
Clause 11. — This clause seeks to amend section 154 of the Code of Criminal Procedure, 1973 to insert therein the newly proposed sections 376AB, 376DA and 376DB of the Indian Penal Code so as to bring these sections within its purview.
Clause 12.— This clause seeks to amend section 161 of the Code of Criminal Procedure, 1973 to insert therein the newly proposed sections 376AB, 376DA and 376DB of the Indian Penal Code so as to bring these sections within its purview.
Clause 13. — This clause seeks to amend section 164 of the Code of Criminal Procedure, 1973 to insert therein the newly proposed sections 376AB, 376DA and 376DB of the Indian Penal Code so as to bring these sections within its purview.
Clause 14. — This clause seeks to amend section 173 of the Code of Criminal Procedure, 1973 to provide that the trial of offences under sections 376, 376A,376AB, 376B,376C,376D,376DA,376DB,376E shall be completed within a period of two months.
Clause 15. — This clause seeks to amend section 197 of the Code of Criminal Procedure, 1973 so as to insert therein the newly proposed sections 376AB, 376DA and 376DB of the Indian Penal Code so as to bring these sections within its purview.
Clause 16. — This clause seeks to amend section 309 of the Code of Criminal Procedure, 1973 to insert therein the newly proposed sections 376AB, 376DA and 376DB of the Indian Penal Code so as to bring these sections within its purview.
Clause 17. — This clause seeks to amend section 327 of the Code of Criminal Procedure, 1973 to insert therein the newly proposed sections 376AB, 376DA and 376DB of the Indian Penal Code so as to bring these sections within its purview.
Clause 18. — This clause seeks to amend section 357B of the Code of Criminal Procedure, 1973 to insert therein the newly proposed sections 376AB, 376DA and 376DB of the Indian Penal Code so as to bring these sections within its purview.
Clause 19. — This clause seeks to amend section 357C of the Code of Criminal Procedure, 1973 to insert therein the newly proposed sections 376AB, 376DA and 376DB of the Indian Penal Code so as to bring these sections within its purview.
Clause 20. — This clause seeks to amend section 374 of the Code of Criminal Procedure, 1973 to insert sub-section (4) therein to provide that appeal against rape offences shall be disposed of within a period of six months from the date of filing of such appeal.
Clause 21. — This clause seeks to amend section 377 of the Code of Criminal Procedure, 1973 to insert sub-section (4) therein to provide that appeal against rape offences shall be disposed of within a period of six months from the date of filing of such appeal.
Clause 22.— This clause seeks to amend section 438 of the Code of Criminal Procedure, 1973 so as to insert sub-section (4) therein to provide that provisions of this section shall not apply to offences under sub-section (3) of section 376, sections 376AB, 376DA and 376DB of the Indian Penal Code.
Clause 23.— This clause seeks to amend section 439 of the Code of Criminal Procedure, 1973 to insert a proviso therein to provide for serving of notice of application of bail relating to offences under sub-section(3) of section 376, section 376A, 376DA or section 376DB to the Public Prosecutor within a period of fifteen days.
It further seeks to insert sub-section (1A) to make it obligatory for the informant or his authorised person to be present at the time of hearing of an application for bail for offences under sub-section (3) of section 376, section 376A, 376DA or 376DB of the Indian Penal Code.
Clause 24. — This clause seeks to amend First Schedule of the Code of Criminal Procedure, 1973 which is consequential to the amendments of the Indian Penal Code.
Clause 25.— This clause seeks to amend section 42 of the Protection of Children from Sexual Offences Act, 2012 to insert therein the newly proposed sections 376AB, 376DA and 376DB of the Indian Penal Code so as to bring these sections within its purview.
Clause 26.— This clause seeks to provide for repeal and savings of the Criminal Law (Amendment) Ordinance, 2018.
Memorandum explaining the modifications contained in the Bill to replace the
Criminal Law (Amendment) Ordinance, 2018.
The Criminal Law (Amendment) Bill, 2018, which seeks to replace the Criminal Law (Amendment) Ordinance, 2018, proposes to make the following modifications apart from the modifications of consequential or drafting nature in the provisions contained in the said Ordinance, namely:—
1. INDIAN PENAL CODE
Insertion of new clause 7 in the Bill to amend section 376E of the Indian Penal Code (punishment for repeat offenders of rape)—”In section 376E of the Penal Code, for the words, figures and letters “section or 376D”, the words, figures and letters “section 376 or section 376AB or section 376D or section 376DA or section 376DB shall be substituted.”
2. CODE OF CRIMINAL PROCEDURE, 1973
In clause 23 of the Bill, in the First Schedule of the Code of Criminal Procedure under the heading “I—OFFENCES UNDER THE INDIAN PENAL CODE”-inadvertently the second part under column (3) against section 376 has been omitted. To restore the same, the entire entries against the said section has been substituted.
3. INDIAN EVIDENCE ACT, 1872 — No change
4. PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 — No change
