What are the Punishments and How to get a Bail in Rape Case.
With the passage of time and the change in time, a country’s law must develop. As for any civil society, society demands strict laws in a difficult time, but a question always remains when it comes to drafting a particular law how much stricter law has to be made on how to get bail IPC 376 (Punishment for Rape: Proposed Section 64 of The Bharatiya Nyaya Sanhita, 2023). Section 375 IPC (Rape: Proposed Section 63 of The Bharatiya Nyaya Sanhita, 2023) Amendment 2018 had made an impact on the criminal law amendment act, which has eventually led to stricter punishment for rape in India has to be stricter and stern.
An approach to the laws of sexual offences in India has to be comprehensive and holistic. The new incidents of rape in India, namely in Kathua and Unnao, had re-ignited the issue of making rape laws in India more stringent as the wounds of this country weren’t still gone from the Nirbhaya case. As the Nirbhaya case is still very fresh, section 375 IPC (Rape: Proposed Section 63 of The Bharatiya Nyaya Sanhita, 2023) amendment 2018 has made a way in ordinance to deal with such stringent laws, which also leads to stricter punishment for rape in India. How to get bail IPC 376 (Punishment for Rape: Proposed Section 64 of The Bharatiya Nyaya Sanhita, 2023) is complicated and requires the main focus on dealing with such sensitive cases.
As a consequence of the extensive reporting and public roar to the issue, the parliament was forced to take corrective measures. The cabinet thus approved The Criminal Law (Amendment) Ordinance, 2018, which the President signed on 21 April 2018. The ordinance enhanced punishment for rape in India which includes capital punishment for those who are charged with raping minors. To fulfil the constitutional requirement, The Criminal Law (Amendment) Bill 2018 was placed before the parliament to replace the ordinance of punishment for rape in India. And in section 375 IPC (Rape: Proposed Section 63 of The Bharatiya Nyaya Sanhita, 2023) amendment 2018, there were many different amends that conduced to several other punishments for rapists. With the incorporation of different amends, how to get bail in section 376 IPC (Punishment for Rape: Proposed Section 64 of The Bharatiya Nyaya Sanhita, 2023) is strenuous with all the amendments taking place.
Lok Sabha passed the Bill on 30 July 2018 and Rajya Sabha on 6 August 2018. After that, it received the Presidential assent on 11 August 2018 and came into force as the Criminal Law (Amendment) Act, 2018.
The amendment, which has a retrospective effect, has amended four pieces of legislation in total: the Indian Penal Code, the Code of Criminal Procedure, the Indian Evidence Act, and the Protection of Children from Sexual Offences Act. Under these sections, granting bail to the accused is not easy, and how to get bail IPC 376 (Punishment for Rape: Proposed Section 64 of The Bharatiya Nyaya Sanhita, 2023) is the only way to hire a good criminal lawyer.
Amendments To The Indian Penal Code, 1860
Increased Punishment for Rape in India
When we go through the Indian Penal Code,1860, we can see that rape is being defined under Section 375 of the Indian Penal Code(Rape: Proposed Section 63 of The Bharatiya Nyaya Sanhita, 2023). Section 375 IPC (Rape: Proposed Section 63 of The Bharatiya Nyaya Sanhita, 2023) amendment 2018 has given stricter punishment for rape in India as mentioned under Section 376 (Punishment for Rape: Proposed Section 64 of The Bharatiya Nyaya Sanhita, 2023) of the Indian Penal Code. Punishment for rape in India is given under Section 376(1), whereas the aggravated forms of rape are punishable under Section 376(2) of the Indian Penal Code, 1860, which lays out 14 circumstances. Under the previous act of rape, obtaining bail is not an easy task, and how to get bail in 376, which is the section for punishment for rape, is equally difficult to get the bail granted.
Before the Criminal Law (Amendment) Act, 2018, the minimum punishment for rape in India simpliciter was 7 years, whereas the maximum was life imprisonment, whereas the Criminal Law (Amendment) Act, 2018, changed the minimum punishment for rape in India to 10 years. This step in itself is a powerful step towards the increasing culture of rape in India.
New offences for rape and gang rape of minors
The Criminal Law (Amendment) Act, 2018, institutes some new criminal offences, namely Section 376AB, Section 376BA and Section 376DB in the Indian Penal Code, 1860. These provisions mark serious gradation in terms of severity and punishment when it comes to the incident of raping minors. Section 376AB specifically deals with the cases where a minor who is below 12 years of age has been raped. The minimum punishment for an offence under Section 376AB is 20 years, which may extend to life imprisonment (which means the remainder of a person’s natural life), and the maximum sentence may be death.
Whereas Section 376DA and 376DB deal with the issue of gang rape of women under 16 years of and under 12 years of age, respectively. Section 376DA has introduced a mandatory sentence of life imprisonment in the instance of gang-raping a girl under 16 years of age. Section 376DB has introduced a minimum punishment of life imprisonment (which means the remainder of a person’s natural life). The maximum punishment is the death penalty in the instance of gang-raping a girl under 12 years of age.
Compensation for minor rape victims
The Criminal Law (Amendment) Act 2018 has made some progressive provisions in the domain of compensatory jurisprudence. All the provisions for the rape of minors in the Criminal Law (Amendment) Act 2018 provide for compulsory compensation to the victims. With the compensation for minor rape victims, it was also made very difficult how to get bail IPC 376 (Punishment for Rape: Proposed Section 64 of The Bharatiya Nyaya Sanhita, 2023).
The provisions provide that any fine imposed on the convict shall be paid to the victim, and it shall be just and reasonable to meet the medical expenses and rehabilitation of the victim. Before The Criminal Law (Amendment) Act of 2018, no such rehabilitation clause was provided except in cases of gang rape. Similar amendments have been made in the Code of Criminal Procedure, 1973 so that the benefit of compensation and rehabilitation goes to the victims of rape who are minors.
Amendments To The Code Of Criminal Procedure, 1973
The Code of Criminal Procedure, 1973 is essentially a procedural law which lays down the procedure for administering substantive criminal laws in India. It was enacted in 1973 and came into force on 1 April 1974. Before enacting The Criminal Law (Amendment) Act of 2018, the Code of Criminal Procedure, 1973, was last amended by the 2013 Amendment Act, which included a few procedural amendments regarding sexual offences. With the amendments in these sections, it is more difficult to get bail and how to get bail in IPC 376 (Punishment for Rape: Proposed Section 64 of The Bharatiya Nyaya Sanhita, 2023).
Time-bound Investigation and disposal of appeals
investigations are important justice system components. However, apart from the pre-eminent position of Investigation in a criminal trial, speedy Investigation is also a significant part of the criminal justice system. Before the enactment of The Criminal Law (Amendment) Act, 2018, the Code of Criminal Procedure, 1973 provided a maximum time of 3 months within which the Investigation of a particular case has to be done in case of rape of a minor girl. Still, the Criminal Law (Amendment) Act 2018 has reduced this period to 2 months, thereby promoting a speedy trial of these cases of rape of minor girls. Furthermore, the amendment has reduced the investigation period of all cases of rape, including rape, gang rape, and rape of minors under the age of 12 years and 16 years.
Amendments in bail provision
Section 438 of the Code of Criminal Procedure, 1973 lays down the provision of anticipatory bail to persons who are under the apprehension of being arrested for a non-bailable offence and also how to get bail IPC 376 (Punishment for Rape: Proposed Section 64 of The Bharatiya Nyaya Sanhita, 2023). These provisions were made more stringent in these kinds of specific situations where an accused is charged with the rape of a girl below 16 years of age. The amendment has made anticipatory bail inapplicable to the offences of rape and gang rape where the prosecutrix is below 16 years of age; thus, no court shall have the power to grant an application of anticipatory bail to a person who is apprehending arrest in a rape case related to the minor.
Amendments To The Code Of Criminal Procedure, 1973
The Code of Criminal Procedure, 1973 is essentially a procedural law which lays down the procedure for administering substantive criminal laws in India. It was enacted in 1973 and came into force on 1 April 1974, before enacting The Criminal Law (Amendment) Act, 2018. In Section 375, IPC (Rape: Proposed Section 63 of The Bharatiya Nyaya Sanhita, 2023) Amendment in 2018 had also taken place regarding the punishment for rape in India. The Code of Criminal Procedure, 1973, was last amended by the 2013 Amendment Act, which included a few procedural amendments about sexual offences.
Time-bound Investigation and disposal of appeals
Investigation is an essential component in the justice system. However, apart from the pre-eminent position of investigation in a criminal trial, speedy investigation is also a significant part of the criminal justice system. Before the enactment of The Criminal Law (Amendment) Act, 2018, the Code of Criminal Procedure, 1973 provided a maximum time of 3 months within which the InvestigationInvestigation of a particular case has to be done in the case of rape of a minor girl. Still, the Criminal Law (Amendment) Act 2018 has reduced this period to 2 months, thereby promoting a speedy trial of these cases of rape of minor girls.
Furthermore, the amendment has reduced the investigation period of all cases of rape, including rape, gang rape, and rape of minors under the age of 12 years and 16 years.
Amendments in bail provision
How to get bail IPC 376 (Punishment for Rape: Proposed Section 64 of The Bharatiya Nyaya Sanhita, 2023) is a very valid fragment to enter for not being able to lodge false complaints in sections amounting to rape. Section 438 of the Code of Criminal Procedure, 1973 provides anticipatory bail to persons apprehensive of being arrested for a non-bailable offence. These provisions were made more stringent in these kinds of specific situations where an accused is charged with the rape of a girl below 16 years of age. The amendment has made anticipatory bail inapplicable to the offences of rape and gang rape where the prosecutrix is below 16 years of age; thus, no court shall have the power to grant an application of anticipatory bail to a person who is apprehending arrest in a rape case related to the minor.
These were the significant amendments in The Criminal Law (Amendment) Ordinance of 2018.
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