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Death Penalty Law for child rape cleared by President Kovind

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President Ram Nath Kovind has given his assent to the Criminal Law (Amendment) Act, 2018, which calls for stringent punishment including death penalty, for those convicted of raping girls below 12 years.

The amendment replaces the criminal law amendment ordinance of on April 21, which got the President’s nod, after the rape and murder of a minor girl in Kathua and another woman in Unnao.

ALSO READ: Criminal Law Bill that proposes death penalty for child rape convicts passed in LS

“This Act may be called the Criminal Law (Amendment) Act, 2018. It shall be deemed to have come into force on the 21st day of April, 2018,” a gazette notification said.

The Act will further amend the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012.

The President’s assent, comes after the Parliament approved the amendments to the law last week.

The Home Ministry drafted Criminal Law (Amendment) Act stipulates stringent punishment for perpetrators of rape, particularly of girls below 16 and 12 years.

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.

According to the new law, 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.

Gang-rape of a girl under 12 years of age will invite punishment of jail term for the rest of life or death, the Act says.

The measure also provides for speedy investigations and trial.

It has prescribed  the time limit for investigation of all cases of rape, saying it has to be mandatorily completed within two months.

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