Basic details about the bill:-
- Central government had brought this act by the ordinance under article 123 of Indian constitution to award death punishment for heinous crimes, i.e., rape with the minor girl below the age of 12 years and other amendment to increase the punishment for the offence of rape. This Act is called the Criminal Law (Amendment) Act, 2018. It shall be deemed to have come into force on the 21st day of April, 2018.
- An ordinance is brought by the government (either Central government and State government) when parliament is not in session.
- This Act amends four major acts- Indian Penal Code, Indian Evidence Act, 1872, Code of Criminal Procedure, 1973 and Protection of Children from Sexual Offences Act, 2012.
- Madhya Pradesh became first state to implement this provision in India and Rajasthan is the second to bring such provision of death penalty for rape with minor under 12 years.
- Madhya Pradesh district court has given capital punishment in over one dozen cases in last one year which were related to rape with minor under 12 years.
Important Amendments in the Indian Penal Code:-
- In section 376(1) minimum punishment for rape with the woman is increased from 7 years to 10 years.
- After section 376(2), section 376(3) shall be inserted which provide punishment rape with a woman under sixteen years of age. Minimum imprisonment is 20 years and maximum is life imprisonment and fine.
- After section 376A, Section 376AB shall be inserted which provides Punishment for rape on woman under twelve years of age. Minimum imprisonment is 20 years and maximum is life imprisonment and fine or punishment with death. Life imprisonment shall means imprisonment for the remainder of that person’s natural life.
- After section 376D, Section 376DA shall be inserted which provides punishment for gang rape on woman under sixteen years of age. Each person who commits rape in furtherance of a common intention shall be punished with imprisonment for life and fine.
- Further, section 376DB shall be inserted which provides punishment for gang rape on woman under twelve years of age. Punishment shall be with life imprisonment and with fine or with death. (most important)
- This amendment further amends section 42 of the Protection of children from sexual offences act, 2012.