Criminal amendment bill 2018

Criminal amendment bill 2018

Latest Criminal amendment bill

Highlights of the Bill

• The Bill amends the IPC, 1860 to increase the minimum punishment for rape of women from seven years to ten years.
   
• Rape and gang rape of girls below the age of 12 years will carry minimum imprisonment of twenty years and is extendable to life imprisonment ordeath.
   
• Rape of girls below the age of 16 years is punishable with imprisonment of twenty years or life imprisonment.

Analysis

• The Bill amends the IPC, 1860 to increase the punishment for rape of girls.  However, punishment for rape of boys has remained unchanged.  This has resulted in greater difference in the quantum of punishment for rape of minor boys and girls. 
   
• The Bill imposes death penalty for rape of girls below the age of 12 years.  There are differing views on death penalty for rape.  Some argue that death penalty has a deterrence effect on the crime and therefore helps prevent it.   Others argue that death penalty would be disproportionate punishment for rape.

HIGHLIGHTs

Rape of women and minor children is an offence under the Indian Penal Code (IPC), 1860, and the Protection of Children from Sexual Offences (POCSO) Act, 2012.  In 2016, 21% of the total 39,068 cases of rape were against minor girls below the age of 16 years. Over the last year, several states have introduced or passed Bills to allow death penalty for rape of girls below the age of 12 years.On April 21, 2018, the government promulgated the Criminal Law (Amendment) Ordinance, 2018. 

The Ordinance amends the IPC, 1860,

POCSO Act, 2012 and other laws related to rape of women.  The POCSO, Act states that the punishment which is higher between the POCSO Act and the IPC will apply to rape of minors.  

Criminal Law (Amendment) Bill, 2018

Age of woman	Offence	Punishment under IPC, 1860	Criminal Law (Amendment) Bill, 2018
Below 12 years	Rape	·       Minimum: 10 years ·       Maximum: life imprisonment	·            Minimum: 20 years ·            Maximum: life imprisonment or death
	Gang Rape	·       Minimum: 20 years ·       Maximum: life imprisonment	·            Minimum: life imprisonment ·            Maximum: life imprisonment or death
Below 16 years	Rape	·       Minimum: 10 years ·       Maximum: life imprisonment	·            Minimum: 20 years ·            Maximum: no change
	Gang Rape	·       Minimum: 20 years ·       Maximum: life imprisonment	·            Minimum: life imprisonment ·            Maximum: no provision
16 years and above	Rape	·       Minimum: 7 years ·       Maximum: life imprisonment	·            Minimum: 10 years  ·            Maximum: no change

Sources: Indian Penal Code, 1860; The Criminal Law (Amendment) Ordinance, 2018; PRS.

• Under the Code of Criminal Procedure,1973 investigation into the rape of a child must be completed within three months. The Ordinance reduces this time period to two months for all rape cases.
   
• The Ordinance bars anticipatory bail in cases of rape of minor girls below 16 years of age. Further, any appeal against a sentence for rape cases must be disposed of within six months.

ANALYSIS

Gender based differences

Definition of rape is not gender neutral

In the case of rape of minors, according to the POCSO Act, the victim may either be male or female (and the offender could also be of either gender).  However, in cases of adults under the IPC, rape is as an offence only if the offender is male and the victim is female.  The Law Commission of India (2000) and the Justice Verma Committee (2013) had recommended that this definition of rape should be made gender neutral and should apply equally to both male and female victims. 

The Ordinance does not address this issue.

Difference in punishment between rape of girls and boys

The POCSO Act states that the higher punishment specified in it or in the IPC will apply for rape of minors.  The POCSO Act has the same penalty for rape when the victim is a boy or a girl.  However, the IPC provisions which apply only to rape of female victims carry a higher punishment.  The Ordinance further widens this difference.  Table 2 summarises the differences in punishment for rape of minor boys and girls. 

Differences in punishment for rape between minor boys and girls

Age (in years)	Boys	Girls (Before 2018 Ordinance)	Girls (After 2018 Ordinance)
Below 12	10 years to life imprisonment	10 years to life imprisonment	20 years to life imprisonment/death
12-16	7 years to life imprisonment	10 years to life imprisonment	20 years to life imprisonment
16-18	7 years to life imprisonment	7 years to life imprisonment	10 years to life imprisonment

Criminal amendment bill 2013  

Highlights of the Bill