blog-banner

What are the Changes brought about by the Criminal Law (Amendment) Ordinance 2018?

             


Aditya Varma

President Ram Nath Kovind exercising the powers conferred by Article 123(1) of the Constitution promulgated the ordinance which was passed by the Cabinet. The ordinance paves way for providing strict punishment to those convicted of raping children.

 

The Criminal Law (Amendment) Ordinance 2018 has increased the punishment for rape.

 

Changes brought about in the India Penal Code, 1860 are:

 

a.     Section 376: The Punishment prescribed under Section 376 shall not be less than 10 years, and may extend to imprisonment for life and shall also be liable to fine.

Section 376(2)(i) has been omitted.

 

b.    Section 376(3) (New Insertion): The punishment for rape on a woman under 16 years of age shall now be rigorous imprisonment which shall not be less than 20 years but which may extend to imprisonment for life. Imprisonment for life shall mean imprisonment for the remainder of that person's natural life and shall also be liable to fine.

c.     Such fine has to be just and reasonable to meet the medical expenses and rehabilitation of the victim. Most importantly, any fine imposed has to be paid to the victim under this sub-section.

 

d.    Section 376AB (New Insertion): The punishment for rape on a woman under 12 years of age has now been prescribed to be rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life. Imprisonment for life shall mean imprisonment for the remainder of that person's natural life and shall also be liable to fine or with death.

 

e.     Section 376DA (New Insertion): The punishment for gang rape of a woman under 16 years of age has been prescribed to be imprisonment for life which imprisonment shall mean imprisonment for the remainder of that person's natural life and with fine.

 

f.     Section 376DB (New Insertion): The punishment for gang rape of a woman under 12 years of age, shall be imprisonment for life. Imprisonment for life shall mean imprisonment for the remainder of that person's natural life and shall also be liable to fine or with death.

 

Changes brought about in the Code of Criminal Procedure, 1973 by the Ordinance are:

 

a.     The investigation under Section 173 of the Code of Criminal Procedure, 1973 for matters pertaining to the rape of a child shall be completed within 2 months.

 

b.    Section 374(4) (New Insertion): (Appeals from Convictions) All appeals filed against in a sentence passed under Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB or Section 376E of the Indian Penal Code shall be disposed of within a period of 6 months from the date of filing of such appeal.

 

c.     Section 377(3) (New Insertion): (Appeal by State against Sentence) All appeals filed against in a sentence passed under Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB or Section 376E of the Indian Penal Code shall be disposed of within a period of 6 months from the date of filing of such appeal.

 

d.    Section 438(4) (New Insertion): Anticipatory bail under Section 438 of CRPC shall not be available involving the arrest of any person on accusation of having committed an offence under subsection (3) of Section 376 or Section 376AB or Section 376DA and Section 376DB of the Indian Penal Code.

 

e.     Section 439(1) Priviso (New Insertion): Before the grant of bail under Subsection 3 of Section 376 or Section 376AB or Section 376DA or Section 376DB, the High Court or the Court of Sessions shall have to give notice to the public prosecutor within a period of fifteen days from the date of receipt of the notice.

 

f.     Section 439(1A) (New Insertion): The presence of the informant or any person authorized by the informant shall be necessary at the time of hearing of the application for bail.


About the Author:

Advocate


Post Your Comment

Post Your Comment

Other Publications By the Author

Formation of a Company in India

What are the Changes brought about by the Criminal Law (Amendment) Ordinance 2018?


The contents of this Blog are the author's personal views. The Author has the sole liability and responsibility for the same. The website "www.worldlawcentre.com" or its owners shall have no responsibility or liability, of any kind whatsoever, for the same.