Also gives assent to Fugitive Economic Offenders Ordinance
AMN / NEW DELHI
President Ram Nath Kovind has promulgated the Criminal Law (Amendment) ordinance 2018. The Ordinance amends the Indian Penal Code, Indian Evidence Act, the Code of Criminal Procedure and the Protection of Children from Sexual Offences Act.
Yesterday, the Union Cabinet had approved the promulgation of the ordinance for effective deterrence against commission of rape and instilling a sense of security among women, especially young girls.
In case of rape of a girl under 16 years, minimum punishment has been increased to 20 years from the existing ten years.
It is extendable to imprisonment for rest of life, which shall mean imprisonment till that person’s natural life. The time limit for investigation of all cases of rape has been prescribed, which has to be mandatorily completed within two months.
Time limit for completion of trial of all rape cases has also been prescribed and it has to be necessarily completed in two months. It has also been prescribed that there will be no provision of anticipatory bail for a person accused of rape or gang rape of a girl under 16 years.
The move comes against the backdrop of the alleged rape and murder of a girl in Jammu and Kashmir’s Kathua and alleged rape of a girl in Uttar Pradesh’s Unnao district. The rape of a minor in Gujarat’s Surat district had also outraged the nation.
The President also promulgated the Fugitive Economic Offenders Ordinance 2018 that provides for confiscating properties of escapees. The ordinance lays down the measures to empower Indian authorities to attach and confiscate proceeds of crime associated with economic offenders and the properties of the economic offenders.
It will deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts. This will also help banks and other financial institutions to achieve higher recovery from financial defaults committed by such fugitive economic offenders.
The punishment is extendable to imprisonment for rest of life, which means imprisonment till that person’s natural life. The time limit for investigation of all cases of rape has also been prescribed, which has to be mandatorily completed within two months. Time limit for completion of trial of all rape cases is also two months. There will be no provision of anticipatory bail for a person accused of rape or gang rape of a girl under 16 years.
New fast-track courts will also be set up to deal with such cases and special forensic kits for rape cases will be given to all police stations and hospitals. The Union Cabinet had approved the Ordinance yesterday. It amends the Indian Penal Code, Indian Evidence Act, the Code of Criminal Procedure and the Protection of Children from Sexual Offences Act.
The move comes against the backdrop of the alleged rape and murder of a girl in Jammu and Kashmir’s Kathua and alleged rape of a girl in Uttar Pradesh’s Unnao district.