What is the new ordinance on rape under criminal laws?

Here are the changes made to the present rape law in place under the criminal law including the IPC, Criminal Procedure Code (CrPc), Evidence Act and POCSO:

What does the amended Criminal Law state?

• Minimum punishment in case of rape of women has been increased from rigorous imprisonment of 7 years to 10 years, extendable to life imprisonment.
• In case of rape of a girl under 16 years, minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which shall mean imprisonment till that person’s natural life.
• The punishment for gang rape of a girl under 16 years of age will invariably be imprisonment for rest of life of the convict.
• Stringent punishment for rape of a girl under 12 years has been provided – minimum 20 years’ imprisonment or imprisonment for rest of life or with death.
• In case of gang rape of a girl below 12 years, punishment will be imprisonment for rest of life or death sentence.

Speedy investigation and trial:
• Time limit for investigation of all cases of rape has been prescribed, which has to be mandatorily completed within 2 months.
• Time limit for completion of trial of all rape cases has also been prescribed and it has to be necessarily completed in 2 months.
• 6 months’ time limit for disposal of appeals in rape cases has also been prescribed.

Restrictions on bail
• It has been prescribed that there will 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 provided that court has to give notice of 15 days to Public Prosecutor and the representative of the victim before deciding bail applications in case of rape of a girl under 16 years of age.

Are there any other measures?

In order to give effect to the legal provisions and to improve the capacity of criminal justice system to deal with rape cases, Cabinet has approved a number of important measures:

(a) Strengthening the courts and prosecution
• New Fast Track Courts will be set up in consultation with States/UTs and High Courts.
• Creation of new posts of public prosecutors and related infrastructure in consultation with States/UTs.
• Special forensic kits for rape cases to all Police Stations and hospitals.
• Dedicated manpower will be provided for investigation of rape cases in a time bound manner.
• Setting up special forensic labs in each State/UT exclusively for rape cases.
• These measures will form part of a new mission mode project to be launched within 3 months.

(b) National Database
• National Crime Records Bureau will maintain a national database and profile of sexual offenders.
• This data will be regularly shared with States/UTs for tracking, monitoring and investigation, including verification of antecedents by police.

(c) Assistance to victims
• The present scheme of One Stop Centres for assistance to victim to be extended to all districts in the country.

Last year, Madhya Pradesh Assembly unanimously passed a legislation to amend Section 376A (Punishment for causing death or resulting in persistent vegetative state of victim) and 376D (Gang rape) under the Indian Penal Code. Treading on the heels of MP, Rajasthan, Arunachal Pradesh and Harayana followed suit and passed the legislation as well.

What is the POCSO Act?

Introduced in 2012, POCSO was enacted with the aim of protecting children, below the age of 18, from sexual abuse and assault. Unlike the law for rape under IPC, POCSO was enacted for all children, male and female. POCSO defines in detail forms of sexual assault like, aggravated penetrative sexual assault, aggravated sexual assault, penetrative sexual assault and sexual assault. The maximum punishment under the Act was imprisonment extending up to life.