Criminal Amendment Act, 2018

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Relevance Of Comparative Constitutional Law- Madhava  Menon

15 ,May 2020

The Criminal Law Amendment Act, 2018, is also an aftereffect of such crude events that shook the soul and inward voice of the entire nation. The interest in making severe to rape laws increasingly stringent had started forming on account of various youth ambush scenes. The famous Kathuarape case and the Unnao rape case set off this interest,and this tooka difference in 2018. After the alteration or the correction, Section 376 arrangements with three orders of discipline for an attack, beside assault of women by police authorities, community laborers, adherents from the military, etc. Dur to which the 2018 Criminal Law (Amendment) Legislation came into effect, which amended four main Acts.

I) The Indian Penal Code, 1860
II) The Code of Criminal Procedure, 1973
III) The Protection of Children from Sexual Offences Act, 2012
IV) The Evidence Act, 1872

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I) The Indian Penal Code, 1860
Section 376(1) Sentence for the rape of a woman to be at least ten years of thorough detainment, which may extendwith detainment until the end of time. The quantum of punishment has increased from seven years to ten years.

The change has incorporated in section 376 (3) Sentence for rape on a young lady under sixteen years of age has been incorporated by the change.Imprisonmentin such cases must be a thorough detainment of a base twenty years which may extend up to life detainment.

Section 376AB - The change has moreover incorporated punishment for rape on a woman under twelve years of age. The imprisonmentin such casesdescribed,as a base twenty years thorough detainment,which may extend up to detainment until the end of time. The accused in such cases, dealt with the death penalty. The introduction of death penalty for the offense of rape,contemplating the gravity of the offense.

Besides, Section 376DA and 376DB have been incorporated by the update, which oversees or manages sentences for assault on a young lady under sixteen years and twelve years independently. The punishment in such cases must be the entire detainment of life. In any case, for rape on a young lady under twelve years of age, the death penalty can in like manner be conceded.

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II) The Code of Criminal Procedure, 1973

1) If a person is accused of rape against a woman under the age of sixteen, a High Court or a Court of Session shall not grant him anticipatory bail under Section 438.
2) The amendment made provision for speedy trial and investigation.
3) The inquiry must be concluded mandatorily within two months.
4) In rape cases, the appeal needs to disposeof within six months.
5) Also, the amendment also incorporated two amendments to section 439 of the Code.
6) the High Court or the Session Court must inform the public prosecutor within 15 days of obtaining an accused's bail application for the abuse of a girl under the age of 16.
7) Addition of a sub-section , which makes the presence of an informant or a person approved by him mandatory during the accused's bail application hearing.

3) The Protection of Children from Sexual Offences Act, 2012

Section 42 of the Act on alternative punishment has been revised to include Sections 376AB, 376DA and 376DB.

4) The Evidence Act, 1872

Section 53A and Section 146 have been revised to allow the provision of the Act;by the changes found in other Acts.

THE CRIMINAL LAW (AMENDMENT) BILL, 2013  - The act came into force on February 3rd; 2013, following the countrywide outrage at the violent gang rape that took place in New Delhi on the evening of December 16th;2012. (Nirbhaya Gangrape case).

The Criminal Law (Amendment) Act, 2013, was passed by the Lok Sabha as well by Rajya Sabha in 2013. This billrevised some of the sections of the Indian Penal Code, the Indian Evidence Act, and the Code of Criminal Procedure, 1973. All these revisions done related with thesexually defined rules. The Bill has got president’s approval on 2 April; 2013, and came into force on 3 February; 2013.

Section 354A (Sexual Harassment ) – Sexual badgering has made an impartial offense in contrast,before to that, a man who makes unwelcome lewd gestures, forcefully shows pornography or requests/demands a lady's sexual favors commits an offense of inappropriate behavior simpliciter under section 354A; this is deserving of up to three years' imprisonment or  fine or both .

Having specifically shaded remarks additionally amounts to lewd conduct, which is worthy of incarceration for up to one year.

Section 354B (Assault and criminal force to woman with intent to disrobe ):If a man attacks or uses criminal power to any lady or abets such act with the aim to strip or convince her to be exposed in an open place, he carries out an offense under section 354B, which is punishable with imprisonment somewhere in the range of three and seven years. and fine There was no specific provision concerning this offense before this amendment.

Section 354C(Voyeurism)Any man who watches or captures the picture of a lady engaging in a private demonstration under circumstances in which she would, as a rule, have the opportunity not to be observed either by the guilty party or by some other person at the direction of the guilty party or disperse such picture shall be punished. Such an individual is held guilty under Section 354C.

Under IPC, there was no clear offense before this amendment. But after the amendment, the preparator shall be punished on first conviction with imprisonment of one year, may extendto three years and fine. On second conviction the preparator shall be punished with imprisonment not less than three year, may extent to seven years and fine

Under the Information Technology Act, 2000 men and women were covered, and the penalty was up to 3 years and, or fine up to Rs. 2 lakhs for the violation.

Section 354D(Stalking): Under this new chapter, stalking was aspecific offense. When a man stalks a lady for the first time, he sentenced up to three years' and fine, extended to five years for subsequent convictions.

Nevertheless, the crime is liable for exemptions, such as when a person may show that the actions performed were inconsistent with some statute, applied to sensible and fair conduct with the ultimate aim of counteracting any wrongdoing. The offense was a gender-neutral offense according to the definition of Section 354D, making the crime of stalking punishable by both sexes, male and female. Yet the 2013 Amendment Act changed 'Whosoever' to 'Any Man' to make Stalking a gender-specific offense.

Section 375– a man is said to submit assault if there is Intrusion of a penis into the vagina, urethra, mouth or butt of any individual, or making some other individual do as such with him or some other person;

Expansion of any inquiry or any one section, not being a penis, into vagina, urethra, mouth or butt of any individual, or making some other individual do as such with him or some other person;

Use of mouth to the penis, vagina, butt, urethra of another person or makes such individual do as such with him or some other person;

At long last, reaching the vagina, penis, butt,bosom of the individual or makes the individual touch the vagina, penis, rear-end, bosom of that individual or some other individual.

Oral sex, assault and the accumulation of an item or some other body part into a woman's vagina, urethra or butt, these three acts on which the 2013 amendment emphasizedupon.

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If we talk about any substantial change in the country’s criminal law, that change was brought by The Criminal Law (Amendment) Act, 2018 and 2013. Such changes seek to make anti-rape laws more serious to reduce the crime rate. The investigation and appeal timeline, if properly applied, will decrease the crime rate.Such reforms need to be complemented by other improvements to the criminal justice system to produce overall successful results.

Neha Singh
Assistant Professor