S.1 Short title and commencement

       (1) This Act may be called the Criminal Law (Amendment) Act, 2018.
       (2) It shall be deemed to have come into force on the 21st day of April, 2018.

S.2 Amendment of section 166A

In the Indian Penal Code (45 of 1860) (hereafter in this Chapter referred to as the Penal Code), in section 166A, in clause (c), for the words, figures and letters "section 376B, section 376C, section 376D", the words, figures and letters "section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

S.3 Amendment of section 228A

In section 228A of the Penal Code, in sub-section (1), for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

S.4 Amendment of section 376

       In section 376 of the Penal Code,-
       (a) in sub-section (1), for the words "shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine", the words "shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine" shall be substituted;
       (b) in sub-section (2), clause (i) shall be omitted;
       (c) after sub-section (2), the following sub-section shall be inserted, namely:-
       "(3) Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural l

S.5 Insertion of new section 376AB

       After section 376A of the Penal Code, the following section shall be inserted, namely:-
       Punishment for rape on woman under twelve years of age.
       "376AB. Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine or with death:
       Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
       Provided further that any fine imposed under this section shall be paid to the victim.".

S.6 Insertion of new sections 376DA and 376DB

       After section 376D of the Penal Code, the following sections shall be inserted, namely:-
       Punishment for gang rape on woman under sixteen years of age.
       "376DA. Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine:
       Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
       Provided further that any fine imposed under this section shall be paid to the victim.
     &

S.7 Amendment of section 376E

       In section 376E of the Penal Code, for the word, figures and letter "section 376D", the words, figures and letters "section 376AB or section 376D or section 376DA or
section 376DB," shall be substituted.

S.8 Amendment of section 53A

In section 53A of the Indian Evidence Act, 1872 (1 of 1872) (hereafter in this Chapter referred to as the Evidence Act), for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

S.9 Amendment of section 146

In section 146 of the Evidence Act, in the proviso, for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

S.10 Amendment of section 26

In the Code of Criminal Procedure, 1973(2 of 1974) (hereafter in this Chapter referred to as the Code of Criminal Procedure), in section 26, in clause (a), in the proviso, for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

S.11 Amendment of section 154

       In section 154 of the Code of Criminal Procedure, in sub-section (1),-
       (i) in the first proviso, for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB," shall be substituted;
       (ii) in the second proviso, in clause (a), for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB," shall be substituted.

S.12 Amendment of section 161

In section 161 of the Code of Criminal Procedure, in sub-section (3), in the second proviso, for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

S.13 Amendment of section 164

In section 164 of the Code of Criminal Procedure, in sub-section (5A), in clause (a), for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

S.14 Amendment of section 173

       In section 173 of the Code of Criminal Procedure,-
       (i) in sub-section (1A), for the words "rape of a child may be completed within three months", the words, figures and letters "an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code (45 of 1860) shall be completed within two months" shall be substituted;
       (ii) in sub-section (2), in clause (i), in sub-clause (h), for the word, figures and letters "section 376, 376A, 376B, 376C, 376D", the word, figures and letters "sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB" shall be substituted.

S.15 Amendment of section 197

In section 197 of the Code of Criminal Procedure, in sub-section (1), in the Explanation, for the words, figures and letters "section 376A, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

S.16 Amendment of section 309

In section 309 of the Code of Criminal Procedure, in sub-section (1), in the proviso, for the words, figures and letters "section 376A, section 376B, section 376C or section 376D of the Indian Penal Code (45 of 1860), the inquiry or trial shall, as far as possible,", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA or section 376DB of the Indian Penal Code, the inquiry or trial shall" shall be substituted.

S.17 Amendment of section 327

In section 327 of the Code of Criminal Procedure, in sub-section (2), for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

S.18 Amendment of section 357B

In section 357B of the Code of Criminal Procedure, for the words, figures and letters "under section 326A or section 376D of the Indian Penal Code", the words, figures and letters "under section 326A, section 376AB, section 376D, section 376DA and section 376DB of the Indian Penal Code" shall be substituted.

S.19 Amendment of section 357C

In section 357C of the Code of Criminal Procedure, for the figures and letters "376A, 376B, 376C, 376D", the figures and letters "376A, 376AB, 376B, 376C, 376D, 376DA, 376DB" shall be substituted.

S.20 Amendment of section 374

       In section 374 of the Code of Criminal Procedure, after sub-section (3), the following sub-section shall be inserted, namely:-
       "(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code (45 of 1860), the appeal shall be disposed of within a period of six months from the date of filing of such appeal.".

S.21 Amendment of section 377

       In section 377 of the Code of Criminal Procedure, after sub-section (3), the following sub-section shall be inserted, namely:-
       "(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code (45 of 1860), the appeal shall be disposed of within a period of six months from the date of filing of such appeal.".

S.22 Amendment of section 438

       In section 438 of the Code of Criminal Procedure, after sub-section (3), the following sub-section shall be inserted, namely:-
       "(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code(45 of 1860)."

S.23 Amendment of section 439

       In section 439 of the Code of Criminal Procedure,-
       "Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code (45 of 1860.), give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application.";
       (b) after sub-section (1), the following sub-section shall be inserted, namely:-
       "(1A) The presence of the informant or any person authorised by him shallbe obligatory at the time of hearing of the application for bail to the person under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the

S.24 Amendment of First Schedule

       In the First Schedule to the Code of Criminal Procedure, under the heading "I.- OFFENCES UNDER THE INDIAN PENAL CODE", -
       (a) for the entries relating to section 376, the following entries shall be substituted, namely:-
       Section Offence Punishment Cognizable or Non-congnizable Bailable or Non-bailable By what Court triable
       1 2 3 4 5 6
       "376 Rape. Rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine. Cognizable Non-bailable Court of Session.
        Rape by a police officer or a public servant or member of armed forces or a person being on the management or on the staff of a jail, remand home or other place of custody or women's or children's institution

S.25 Amendment of section 42 of Act No.32 of 2012

In section 42 of the Protection of Children from Sexual Offences Act, 2012, for the figures and letters "376A, 376C, 376D", the figures and letters "376A, 376AB, 376B, 376C, 376D, 376DA, 376DB" shall be substituted.

Legal Commentary on Criminal Law (Amendment) Act, 2018 - Section 25

Introduction

The Criminal Law (Amendment) Act, 2018 was enacted to address the increasing concerns regarding sexual violence and to enhance the legal framework for the protection of women and children in India. Section 25 of this Act specifically deals with amendments related to the Protection of Children from Sexual Offences (POCSO) Act, 2012, aiming to strengthen the provisions against sexual offenses against minors.

What does Section 25 Say

Section 25 amends Section 42 of the POCSO Act, introducing stricter penalties and procedural safeguards for offenses against children. It emphasizes the need for expedited trials and the establishment of special courts to handle such cases effectively.

Essential Ingredients

• Definition of Offenses: Clearly defines sexual offenses against children.
• Increased Punishments: Introduces harsher penalties for offenders.
• Special Courts: Mandates the establishment of special courts for the trial of offenses under the POCSO Act.

Scope of Section

The scope of Section 25 extends to all offenses against children under the POCSO Act, ensuring that cases are handled with urgency and sensitivity. It aims to provide a more robust legal framework to deter potential offenders and protect vulnerable children.

Punishment for Section

The amendments under Section 25 include:- Minimum Punishment: The minimum punishment for certain offenses has been increased, reflecting the seriousness of crimes against minors.- Death Penalty: In cases of aggravated sexual assault against children, the law provides for the death penalty, showcasing a zero-tolerance approach towards such heinous crimes.

Legal Comments

• Keyword - Summary - [Source Reference]
• Amendment Purpose - The amendment aims to enhance the protection of children from sexual offenses and ensure justice for victims. - [PDF]
• Increased Punishment - The Act raises the minimum punishment for rape from seven years to ten years, reflecting a stricter stance on sexual violence. - [Source Reference]
• Special Courts - Establishment of special courts is mandated to expedite the trial process for cases involving sexual offenses against children. - [Source Reference]
• Death Penalty - The Act introduces the death penalty for aggravated forms of rape against minors, indicating a severe approach to such crimes. - [Source Reference]
• Public Sentiment - The amendments were influenced by public outrage over high-profile sexual assault cases, highlighting societal demand for stricter laws. - [Source Reference]
• Legal Framework - The amendments strengthen the existing legal framework, making it more comprehensive in addressing sexual offenses against children. - [Source Reference]
• Victim Protection - The Act emphasizes the need for victim protection and support throughout the legal process. - [Source Reference]
• Judicial Efficiency - By mandating special courts, the Act aims to improve judicial efficiency and reduce delays in the prosecution of sexual offenses. - [Source Reference]
• Preventive Measures - The law includes provisions for preventive measures to deter potential offenders from committing sexual crimes against children. - [Source Reference]
• Public Awareness - The Act encourages public awareness campaigns to educate communities about the rights of children and the legal consequences of sexual offenses. - [Source Reference]
• Legal Representation - The presence of an informant or authorized person during hearings is made mandatory, ensuring that victims have adequate representation. - [Source Reference]
• Child-Centric Approach - The amendments reflect a child-centric approach in legal proceedings, prioritizing the needs and rights of child victims. - [Source Reference]
• Comprehensive Reforms - The Act is part of broader reforms aimed at addressing gender-based violence and ensuring justice for victims. - [Source Reference]
• Implementation Challenges - Despite the strong legal framework, challenges remain in the effective implementation of these laws at the ground level. - [Source Reference]
• Judicial Precedents - The amendments are supported by judicial precedents that emphasize the need for stringent measures against sexual offenses. - [Source Reference]
• Societal Impact - The Act is expected to have a significant societal impact by deterring potential offenders and fostering a safer environment for children. - [Source Reference]
• Legal Clarity - The amendments provide legal clarity regarding the definitions and punishments associated with sexual offenses against minors. - [Source Reference]
• International Standards - The Act aligns with international standards for the protection of children and the prevention of sexual violence. - [Source Reference]
• Future Amendments - The evolving nature of societal issues may necessitate further amendments to ensure continued protection for children. - [Source Reference]

S.26 Repeal and savings

       (1) The Criminal Law (Amendment) Ordinance, 2018(Ord. No.2 of 2018) is hereby repealed.
       (2) Notwithstanding such repeal, anything done or any action taken under the Indian Penal Code, (45 of 1860) the Indian Evidence Act, 1872 (1 of 1872), the Code of Criminal Procedure, 1973(2 of 1974) and the Protection of Children from Sexual Offences Act, 2012 (32 of 2012), as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of those Acts, as amended by this Act.

Legal Commentary on Criminal Law (Amendment) Act, 2018 - Section 26

Introduction

The Criminal Law (Amendment) Act, 2018, was enacted to address the increasing incidents of sexual violence, particularly against women and minors. Section 26 of this Act amends the Code of Criminal Procedure, 1973, to clarify the jurisdiction of courts in trying offenses under the Indian Penal Code.

What does Section 26 Say

Section 26 specifies the courts that are competent to try offenses under the Indian Penal Code. It outlines that any offense may be tried by the High Court or any other court designated for such offenses as per the First Schedule of the Code.

Essential Ingredients

• Jurisdiction: Defines which courts can try specific offenses.
• Reference to IPC: Relates to offenses under the Indian Penal Code.
• First Schedule: Specifies the courts based on the nature of the offense.

Scope of Section

The scope of Section 26 is broad as it encompasses all offenses under the Indian Penal Code, allowing for flexibility in the judicial process. It ensures that serious offenses can be escalated to higher courts when necessary.

Punishment for Section

Section 26 itself does not prescribe punishment; rather, it delineates the jurisdiction of courts. The punishment for specific offenses is detailed in the relevant sections of the Indian Penal Code.

Legal Comments

• Jurisdiction - Section 26 clarifies the jurisdiction of courts for trying IPC offenses, ensuring proper legal proceedings. - [Source Reference]
• High Court Authority - The High Court has the authority to try serious offenses, enhancing the judicial process. - [Source Reference]
• Flexibility - The amendment provides flexibility in determining which court can hear a case based on its nature. - [Source Reference]
• First Schedule Reference - The First Schedule serves as a guide for determining the appropriate court for trial. - [Source Reference]
• Comprehensive Coverage - The section covers all offenses under the IPC, making it comprehensive in scope. - [Source Reference]
• No Direct Punishment - Section 26 does not impose direct punishments; it focuses on jurisdictional matters. - [Source Reference]
• Amendment Purpose - The amendment aims to streamline the judicial process for serious offenses, particularly in light of rising crime rates. - [Source Reference]
• Judicial Efficiency - By specifying court jurisdictions, Section 26 aims to enhance judicial efficiency and reduce delays in trials. - [Source Reference]
• Legal Clarity - The amendment provides legal clarity regarding which courts can handle specific offenses, reducing ambiguity. - [Source Reference]
• Impact on Minor Offenses - The section indirectly impacts how minor offenses are handled by allowing lower courts to manage less severe cases. - [Source Reference]
• Alignment with IPC Changes - The amendment aligns with changes made to the Indian Penal Code regarding the severity of punishments for sexual offenses. - [Source Reference]
• Increased Accountability - By designating specific courts for serious offenses, the amendment increases accountability within the judicial system. - [Source Reference]
• Support for Victims - The clarity in jurisdiction may provide better support for victims seeking justice in serious cases. - [Source Reference]
• Legal Framework Enhancement - The amendment enhances the legal framework surrounding the trial of offenses, ensuring a more organized approach. - [Source Reference]
• Judicial Precedence - The section may set a precedent for future amendments regarding court jurisdictions in criminal law. - [Source Reference]
• Public Confidence - Clear jurisdictional guidelines may bolster public confidence in the judicial system's ability to handle serious crimes effectively. - [Source Reference]
• Interplay with Other Laws - The amendment interacts with other legal provisions, ensuring a cohesive approach to criminal justice. - [Source Reference]
• Future Amendments - The framework established by Section 26 may facilitate future amendments to improve judicial processes further. - [Source Reference]
• Legislative Intent - The legislative intent behind the amendment is to ensure that serious offenses are dealt with promptly and effectively. - [Source Reference]
• Judicial Discretion - While it provides guidelines, the section still allows for judicial discretion in determining the appropriate court for trial. - [Source Reference]