As we know that in today’s time heinous offence regarding children increasing day by day.So to prevent all such type of act law has approved a proposal received from the ministry of women and child devlopment to amend the protection of children from sexual offence act,2012.
The union cabinet has approved promulgate of criminal law (amendment) ordinance to provide death penalty to rapist of girls below 12 years .The committee was headed by prime minister.The ordinance amends indian penal code,civil procedure code ,protection of children from sexual offences act and indian evidence act.The change in the law will only become permanent once it is approved by India’s Parliment ,which is currently in recess.This act includes stringent punishment for rape of girl under 12 years has been provided with minimum jail term being 20years.which may go upto life in prison or death penalty.Minimum punishment in case of rape of women has been increased from rigorous imprisonment of 7years to 10 years extendable to life imprisonment.
In case of girl under 16 years minimum punishment has been increased from 10 to 20 years extendable to life imprisonment for rest of life,which shall mean imprisonment till that prison’s natural life.
The punishment for gang rape of a girl under 16 years of age will invariably be imprisonment for rest of life of the convicts.
The limit for investigation of all cases of rape gas been prescribed,which has to be mandatory completed within 2months. six months time limit for disposal of appeal in rape case has been prescribed.It has been prescribed that there will be no provision for anticipatory bail for a person accused of rape or gang rape of a girl under 10 years.
Special forensic kits for rape case to all police station and hospital and dedicated manpower will be provided for investigation of rape case in a time bound manner.
National crime record bureau will maintain a national database and profile of sexual offenders.This data will be regularity shared with state/UTs for tracking,maintaining and investigation including verification of incedent by police.
In 2016,64,000children rape case came up before the courts under the protection of children from sexual offences(PoCSO)act,read with IPC section 376.
Moreover of the cases of rape of women and children before the police that year in over 94 percent of the cases in which offender was known to the victim.He was either a close relative or neighbour or an acquaintances.
Far from reporting the crime death penalty is going to deter tje victim from reporting sexual assault when the offender is from the family or is known to them.
This will lead to the crime being suppressed and the victim being left completly helpless without strengthening the investiagtion process or the prosecution creating an enabling enviroment both in the court and outside and improving the conviction case .
Arya 