What is new in Criminal Law Amendment Act, of 2018. Find the latest Legal remedies and improvements here.
New things in CRIMINAL LAW AMENDMENT ACT, 2018
Highlights
- Enhanced imprisonment for the offence of rape on women
- Death Penalty for the offence of rape on girl under the age of twelve
- Scrutiny has to be completed within two months
- Accused persons are not entitled to anticipatory bail
Acts involved in Criminal Law Amendment Act, 2018
- The Indian Penal Code, 1860
- The Code of Criminal Procedure, 1973
- The Protection of Children from Sexual Offences Act, 2012
- The Evidence Act, of 1872
The Indian Penal Code, 1860
Hitherto the Amendment, Section 376 is indeed a discipline for the assault of ladies in two conditions.
Section 376(1) manages discipline for the rape of a woman in every one of the conditions aside from those referenced in Section 376(2). In Fact, The discipline in such cases was rigorous imprisonment for seven years which may be up to life imprisonment. The discipline under this section has now been revised.
S.376(2) managed discipline for the rape of a woman by police officers, local officials, individuals from the military, and so on. This discipline has not been revised and with rigorous imprisonment which might be stretched out to lifetime imprisonment.
After the alteration, Section 376 arrangements with three classes of discipline for assault, aside from rape of women by police officers, public officials, individuals from the military, and so forth.
Subsequently, just because, capital punishment has been presented for the offence of rape thinking about the gravity of the offence.
The Code of Criminal Procedure, 1973
There have been concurrent changes in the Cr. P.C to meet the parts of the bargains such instances of assault.
In the event that an individual is blamed for an assault on a lady under sixteen years old, he will not be allowed expectant bail under Section 438 by a High Court or a Court of Session.
- The correction has accommodated expeditious trial and investigation.
- The investigation must be compulsorily finished within two months.
- The appeal in rape cases must be disposed of within 6 months.
Improvements in CRIMINAL LAW AMENDMENT ACT, 2018
In addition, the correction has likewise rolled out two improvements in Section 439 of the Code.
- A stipulation has been embedded which expresses that the High Court or the Session Court needs to pull out to the public prosecutor within 15 days of which it received the bail application of an accused for assaulting a young woman under 16 years old.
- A sub-section has been inserted which makes the presence of an informant or a person authorized by him mandatory during the hearing of the bail application of the accused in such cases.
The Protection of Children from Sexual Offences Act, 2012
Section 42 of the Act which deals with alternative punishment has been amended to include Sections 376AB, 376DA, and 376DB.
The Evidence Act, of 1872
Section 53A and Section 146 have been amended to make the provision of the Act to be in consonance with the amendments in other Acts.
The genesis of the Act, 2018
The whole amendment revolves around the consequence of sexual abuse cases. These famous cases triggered the birth of the CRIMINAL LAW AMENDMENT ACT, 2018
Kathua and Unnao case summary
An 8-year-old young lady was assaulted in Kathua, an area of Jammu and Kashmir. It has been asserted that she was kept in a Shrine for a few days and assaulted constantly and later killed.
The Unnao assault case was another stun to the country where a high school young lady blamed an MLA for assaulting her in the year 2017. She attempted to set herself ablaze before the MLA’s living arrangement in Unnao, northern Uttar Pradesh.
TABLE: Understanding the Amendment Act,2018
Age of the victim | Offence | Hitherto Amendment,2018 | Post hoc the Amendment,2018 |
Below 12 years
Rape
Gang Rape
Minimum: 10 yearsMaximum: life imprisonment
Minimum: 20 years
Maximum: life imprisonment
Minimum: 20 yearsMaximum: life imprisonment or death
Minimum: life imprisonment
Maximum: life imprisonment or death
Below 16 yearsRape
Gang Rape
Minimum: 10 yearsMaximum: life imprisonment
Minimum: 20 years
Maximum: life imprisonment
Minimum: 20 yearsMaximum: no fluctuation
Minimum: life imprisonment which shall extend to the person’s natural life
16 years and above
Rape
Gang Rape
Minimum: 7 yearsMaximum: life imprisonment
Not mentioned
Minimum: 10 yearsMaximum: no fluctuation
Not mentioned
Critics in New things in CRIMINAL LAW AMENDMENT ACT, 2018
1. Lack of Judicial Seclusion
The must-fit elements of the amendment eliminate judicial discretion. Senior Advocate Indira Jai Singh argues that “the mandatory nature of the offence takes away the discretion of the judge.
Every sentence must fit the crime”.[ Indira Jai Singh “Stringent punishment to score political points” Deccan Herald, April 28, 2018 ] Absence of judicial discretion would make the sentencing process more rigid and static.
Judicial discretion allows a case to be held within a range of possible decisions. On the other hand, mandatory insertion rolls down the individualization in decisions.
2. In conflict with Sec.21 of the Juvenile Justice Act,2015
By virtue of Sec.21 of the Juvenile Justice (Care and Protection of Children) Act,2015 [ No child in conflict with the law shall be sentenced to death or for life imprisonment without the possibility of release, for any such offence, either under the provisions of this Act or under the provisions of the Indian Penal Code or any other law for the time being in force.]
A child in conflict with the law is restricted to death or life imprisonment. In other words, The said amendment stands contradictory to this view.
3. Negative impact on Conviction Rates
The rigid insertion of a new provision with no judicial discretion requires a high standard of proof in convicting an accused.
By all means, One wrong decision of a judge would lead to the extinguishment of the accused’s life.
Since any liberal or flexible appreciation of evidence would lead to grave consequences on the accused’s life.
4. Gender deception
The said Amendment has its effect also on the Protection of Children from Sexual Offences Act,2012. By the way, Where the correction failed to categorize the neutrality between the genders.
The punishment for sexual offences is mentioned in both IPC and POSCO. However, The execution of punishment will be under IPC because of the increased term of imprisonment.
Moreover, When there was an amendment in IPC which also influenced POSCO there is a blurring.
Meanwhile, The former is gender-specific and the latter is gender-neutral by use of the word ‘person’ rather than ‘woman’ and ‘man’.
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Reference:
1 Indira Jai Singh “Stringent punishment to score political points” Deccan Herald, April 28, 2018
2 No child in conflict with law shall be sentenced to death or for life imprisonment without the possibility of release, for any such offence, either under the provisions of this Act or under the provisions of the Indian Penal Code or any other law for the time being in force.
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