Full text: The Criminal law (Amendment) ordinance, 2018 signed by President which allows death for child rapists

The law to award death penalty to those convicted of raping children below 12 years of age has come into effect after President Ram Nath Kovind on Sunday promulgated the ordinance which was passed by the Cabinet on Saturday. The ordinance paves way for providing stringent punishment to those convicted of raping children. 

The Ordinance amends the Indian Penal Code, the Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012. The notification stated that since Parliament is not in session and President is satisfied that circumstances exist which render it necessary for him to take immediate action.

The Ordinance may be called the Criminal Law Short title and (Amendment) Ordinance, 2018. It shall come into effect at once. 

Following are the amendments to the IPC: 

Amendment of section 166A. 
In the Indian Penal Code (hereafter in this Chapter referred to as the Penal Code), in section 166A, in clause (c), for the words, figures and letters "section 376B, section 376C, section 376D,", the words, figures and letters "section 376AB, section 376B, section 376C section 37613, section 376DA, section 376DB," shall be substituted;

Amendment of  section 228A. 
3. In section 228A of the Penal Code, in sub-section (1),for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters 
"section 376A, section 376AB, section 376B, section 376C, section 3761, section 376DA, section 376DB" shall be substituted.

Amendment of section 376.

4. In section 376 of the Penal Code,—
(a) in sub-section (1), for the words "shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to tine", the words "shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine" shall be substituted;

(b) in sub-section (2), clause (i) shall be omitted;

(c) after sub-section (2), the following sub-section shall be inserted, namely:—

"(3) Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this sub-section shall be paid to the victim".

Insertion of new section 376AB.
5. After section 376A of the Penal Code, the following Section shall be inserted, namely:—

"376AB. Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine or with death:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.".

6. After section 376D of the Penal Code, the following sections shall be inserted, namely: 
"376DA. Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.

376DB. Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, and with fine or with death:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.".

Amendment  to section 53

7. In section 53A of the Indian Evidence Act, 1872 (hereafter in this Chapter referred to as the Evidence Act), for the words, figures and letters -section 376A, section 376B, section 37, section 376D", the words, figures and letters "section 376A, section 376AB, section 3760, section 376C, section 37613, section 376DA, section 376DB" shaft be  substituted.

Amendment to section 146.   
8. In section 146 of the Evidence Act, in the proviso, for  the words, figures and letters "section 376A, section 376B, section 376C, section 37613", the words, letters and figures "section 376A, section 376AB, section 376B, section 376C, section 37613, section 376DA, section 376DB" shall be substituted.

CHAPTER 1V 

AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973

Amendment of section 26

9. In the Code of Criminal Procedure, 1973 (hereafter in this Chapter referred to as the Code of Criminal Procedure), in section 26, in clause (a), in the proviso, for the words, figures and letters "section 376A, section 376B, section 3750. section 376D", the words, figures and letters "section 376A, section 376AB, section 37613, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

Amendment of section 154.

10. In section 154 of the Code of Criminal Procedure, in sub-section (1),-
(i) in the first proviso, for the words, figures and letters "section 376A, section 376B, section 3760, section 376D,", the words, figures and letters "section 376A, section 37.6AB, section 37613, section 376C, section 376D, section 376DA,section 376DB," shall be substituted;

(ii) in the second proviso, in clause (a), for the words, figures and letters "section 376A, section 376B, section 3760, section 376D,", the words, figures and letters "section 376A, section 376AB, section 376B, section 3760, section 376D, section 376DA, section 376DB," shall be substituted.

11. In section 161 of the Code of Criminal Procedure, in sub-section (3), in the second proviso, for the words, figures and letters "section 376A, section 376B, section 376C, section 376D,", the words, figures and Letters "section 376A, section 376AB, section 37611, section 376C, section 376D, section 376DA, section 3761313," shall be substituted.

12. In section 164 of the Code of Criminal Procedure, in sub-section (5A), in clause (a), for the words, figures and letters "section 376A, section 376B, section 376C, section 376D,", the words, figures and letters "section 376A, section 376AB, section 376B, section 3760. section 376D, section 376DA, section 376D8," shall be substituted.

13. In section 173 of the Code of Criminal Procedure,

(i) in sub-section (1A), for the words "rape of a child may be completed within three months", the words, figures and letters "an offence under sections 376, 376A, 376AB, 3768, 376C, 376D, 376DA, 376DB or section 376E of the Indian Penal Code shall be completed within two months" shall be substituted;

(ii) in sub-section (2), in clause (i), in sub-clause (h), for the figures, letters and word "376A, 376B, 376C, section 376D", the figures and letters "376A, 376AB, 37613, 376C, 37613, 376DA, 376DB" shall be substituted.

14. In section 197 of the Code of Criminal Procedure, in sub-section (1), in the Explanation, for the words, figures and letters "section 376A, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

15. In section 309 of the Code of Criminal Procedure, in  sub-section (1), in the proviso, for the words, figures and letters section 309, "section 376A, section 376B, section 376C: or section 37613 of the Indian Penal Code, the inquiry or t.rial shall, as far as possible", the words, figures and letters "section 376A, section 3 76AB, section 376B, section 376C, section 376D, section 376DA or section 376DB of the Indian Penal Code, the inquiry or trial shall" shall be substituted.

16. In section 327 of the Code of Criminal Procedure, in sub-section (2), for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

Amendment to section 357B

17. In section 357B of the Code of Criminal. Procedure, for the words, figures and letters "under section 326A or section 376E1 of the Indian Penal Code", the words, figures and letters 'under section 326A, section 376AB, section 3761 , section 376DA and section 376DB of the Indian Penal Code" shall be substituted.

Amendment to section 357C

18. In section 357C of the Code of Criminal Procedure, for the figures and letters "376A, 376B, 376C, 376D", the figures and letters "376A, 376AB, 376B, 376C, 376D, 376DA. 376DB" shall be substituted.

Amendment of section 374
19. In section 374 of the Code of Criminal Procedure, after sub-section (3), the following sub-section shall be inserted, namely:-
"(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 3760, section 376D, section 376DA, section 376DB or section 376E of the 'Indian Penal Code, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.".

Amendment of section 377
20. In section 377 of the Code of Criminal Procedure, after sub-section (2), the following sub-section shall be inserted, namely:-

"(3) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.

Amendment of section 438. 
21. In section 438 of the Code of Criminal Procedure, after sub-section (3), the following sub-section shall be inserted, namely:-

"(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under sub-section (3) of section 376 or section 376AB or section 376DA and section 376DB of the Indian Penal Code.".

Amendment of section 439.
22. In section 439 of the Code of Criminal Procedure,-
(a) in sub-section (1). after the first proviso, the following proviso shall be inserted, namely:–

"Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application.";

(b) after sub-section (1), the following sub-section shall be inserted, namely:—

"(1A) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under sub-section (3) of section 376 or section 376A or section 376DA or section 376DB of the Indian Penal Code."

23. In the First Schedule to the Code of Criminal Procedure, under the heading -I.-OFFENCES UNDER THE INDIAN PENAL CODE",—

(a) against section 376,—
(i) for the entry under column 3, the following entries shall be substituted, namely:—

1	2	3	4	5	6
		"Rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine"

(ii) the Following entries shall be inserted at the end, namely:-

1	2	3	4	5	6
	"Persons committing offence of women under sixteen years of age	Rigorous imprisonment for a term which shall not be less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life and with fine	Cognizable	Non-bailable	Cort of Session

(b) alter the entries relating to Section 376A, the following entries shall be interested, namely: -

1	2	3	4	5	6
"376AB	"Persons committing offence of women under twelve years of age	Rigorous imprisonment of not less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life and with fine or with death	Cognizable	Non-bailable	Cort of Session

(c) after the entries relating to section 376D, the following entries shall be inserted, namely:-

1	2	3	4	5	6
"376D	Gangrape on a woman under sixteen years of age	Rigorous imprisonment of life which shall mean imprisonment for the remainder of that person's natural life and with fine	Cognizable	Non-bailable	Cort of Session

1	2	3	4	5	6
"376DB	Gangrape on a woman under twelve years of age	Imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine or with death	Cognizable	Non-bailable	Cort of Session

CHAPTER V AMENDMENT TO THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 24. In section 42 of the Protection of Children from Sexual Offences Act, 2012, for the figures and letters "376A, 376C, 376D", the figures and letters "376A, 376AB, 376B, 376C, 376D, 376DA, 376DB" shall be substituted.