After the whirl in the country which raised after the numerous rape cases, that too rape of kids, who are of too young age to understand what sexual violence can be, how they can safeguard themselves; everyone in the country wanted a strict law to be implemented to safeguard these little ones. The existing law and their implementation failed on the face when the rapists did not spare even 3 months old baby. Out of 40000 rapes reported in 2016, 40% of the victims were children. Moreover the news over Muslim girls raped by Hindus, Hindu girl raped by Muslims, had a potential to cause communal disturbance as well. The country, starting from general public to social worker and officials, everyone demanded death penalty of such criminals, as it is difficult to believe that who commits such a heinous crime has any mental capacity to change after being punished.
Swati Maliwal, Delhi Commission for Women Chairperson was on hunger strike to get the ordinance passed by the President on the death penalty of the rapists - which was passed on saturday that the rapists of children less than 12 years old shall get punished with death penalty. Maliwal, anyhow refused to give up till the time some concrete action is taken following such ordinance.
Prime Minister Narendra Modi held an emergency cabinet meeting to this context, where it was approved the executive order, and amendment of the criminal law for making a more strict punishment for the rapist of the girls less than 16 years old. On Sunday, President Ram Nath Kovind signed the ordinance passing the provision of death penalty for the convicted rapists of children less than 12 years old.
There are a number of changes made in the laws for dealing with such grievous criminal minds, they are listed as follows:
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Provision
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Previous
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Now
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Indian Penal Code
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Sec. 376
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The minimum punishment for rape was 7 years and maximum life imprisonment
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Now the minimum punishment is 10 years
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Sec. 376(3)
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There was no existence of this provision
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Now the minimum punishment for raping a woman below 16 years of age is minimum 20 years of imprisonment.
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Sec. 376AB
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There was no existence of this provision
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Now the punishment of the rapists of women less than 12 years of age shall be punished with 20 years of rigorous punishment, and can be given capital punishment as well.
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Sec. 376DA
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There was no existence of this provision
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Now the convicted of the gang-rape committed to a woman less than 16 years of age shall be punished with life imprisonment minimum.
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Sec. 376DB
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There was no existence of this provision
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Now the convicted of gang rape committed to a woman less than 12 years of age shall be punished with life imprisonment minimum, and can be punished with death penalty as well.
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Sec. 376(2)(a)
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The provision included the phrase “within the limits of the police station to which such police officer is appointed”.
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Now the phrase has been omitted, the police officer committing such crime shall be treated like any other person committing similar crime.
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Code Of Criminal Procedure
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Time Limit
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There was no mention about specific time limit within which the investigation or the case has to be completed.
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Now all the investigation related to the rape case has to be completed within three months from the date of such information received, and in case of appeal, the case has to be completed within 6 months.
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Anticipatory Bail
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Provision was silent regarding non availability of the anticipatory bail.
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Now it clearly states that there shall be no anticipatory bail granted to the accused rapist of any woman less than sixteen years old.
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Informant
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No provision regarding presence of informant (Informants are those who covertly provide information about criminal activity to law enforcement officers)
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Sec. 439 provides the provision of presence of informant or other authorized agent of such informants at the time of hearing of bail petition of such accused rapists of women less than sixteen years old.
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Evidence Act
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Sec.53A
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Evidence of character or previous sexual experience was taken in rape case
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Now such provision is omitted for certain case. This is supported by Sec. 146 of the POCSO Act.
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