Ordinance on death for raping child below 12 gets Cabinet nod

Amid outrage over the brutal rape and murder of a minor in Jammu & Kashmir’s Kathua, the Cabinet headed by Prime Minister Narendra Modi has approved an ordinance to allow courts to pronounce the death penalty to convicts of raping children up to 12 years of age.

New fast-track courts will be set up to deal with such cases and special forensic kits for rape cases will be given to all police stations and hospitals in the long term, according to the Criminal Law Amendment Ordinance, media reports said.

It stipulates stringent punishment for perpetrators of rape, particularly of girls below 16 and 12 years. Death sentence has been provided for rapists of girls under 12 years, officials said quoting the ordinance, the report said.

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The minimum punishment in case of rape of women has been increased from rigorous imprisonment of seven years to 10 years, extendable to life imprisonment, a PTI report quoted officials as saying.

In case of rape of a girl under 16 years, the minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which means jail term till the convict’s “natural life”

The punishment for gang rape of a girl below 16 years will invariably be imprisonment for the rest of life of the convict, the officials reportedly said

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Stringent punishment for rape of a girl under 12 years has been provided with the minimum jail term being 20 years which may go up to life in prison or death sentence, they were quoted as saying.

The Indian Penal Code (IPC), the Evidence Act, the Code of Criminal Procedure (CrPC) and the Protection of Children from Sexual Offences (POCSO) Act will stand amended once the ordinance is promulgated after the approval of President Ram Nath Kovind, they said

The measure also provides for speedy investigation and trial. The time limit for investigation of all cases of rape has been prescribed, which has to be mandatorily completed within two months, reported PTI.

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The deadline for the completion of trial in all rape cases will be two months, the officials said. A six-month time limit for the disposal of appeals in rape cases has also been prescribed, the report said.

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