Amendements In IPC and CrPC in Respect of Rape

                       Proposed Amendments in Indian Penal Code and Criminal 

                                Procedure Code India in respect of Rape

Indian Penal Code

1. Section 376 Punishment for Rape- We need to categorize simple rape and rape associated with violence and prescribe different punishment for different acts:-

(a) Rape associated with physical violence - Minimum punishment to be of life imprisonment with no parole and the person to be jail till he dies and with increase degree of violence (physical damage to Body) it should be death. Rarest of rare cases to be that where rape is associated with body injury also. Fine to be imposed should be equal to the cost of treatment and rehabilitation besides cost of the case.

(b) Rape with abduction/Kidnapping- Minimum punishment of life imprisonment with no parole and to be confined to jail till he dies in jail and maximum punishment death. Fine to be imposed should be equal to the cost of treatment and rehabilitation.

Fine to be imposed should be equal to the cost of treatment and rehabilitation besides cost of the case.

© Rape associated with fear of bodily injury, violence or harm to self or family members, relatives and friends- Life imprisonment with no parole and no release till he dies in jail. Fine to be imposed should be equal to the cost of treatment and rehabilitation.

2. Section 509- Outraging the modesty of woman by physical act- Minimum punishment to be of 15 years of RI with no parole and maximum to be of life imprisonment. Cost of mental agony, case and treatment to imposed as fine

3. Section 354 – Outraging the modesty of woman by words (spoken or published whether in print or in electronic form), gestures, comments. - Minimum punishment to be of 7 years of RI and to a maximum of 15 years RI and with fine

4. Section 304- Outraging the modest of woman (molestation)- to include eve teasing also- Minimum punishment of 7 years to a maximum of 10 years of RI and with fine.

5. Presidents of India or Governor’s Powers to Commute or Pardon- Powers given to the President of India to commute the punishment or give pardon to a convict to be curtailed in cases of rape , molestation etc to that of only the power to commute the Death sentence  to life imprisonment till the convict dies in jail. The Governor or the chief minister of state  and Government authority whether central or state will have no powers to alter any of the punishment or to set free or release from prison any person convicted of committing any crime against the women. 

Criminal Procedure Code.

Cr PC to be amended suitably so as to provide for or make amendments to include the following: _

1.  Special fast track courts to be established in each district where such cases are to be tried exclusively or where such cases will be given priority above all other cases and finished within time frame specified.

2. Special Designated Judges (if possible female judges) who have been given special training to handle such cases with emphasis on counseling and empathy should deal with such cases.

3. Day to day hearing of cases, in camera, to be made mandatory and no postponement given once charge sheet is filed of case filed. In the absence of lawyers due to any reason the judge to give an Ex- Parte decision with available presented evidence and a stricture to be passed against the absent person. The charge sheet is to be filed within 90 days of FIR/complaint being received. In its absence, the responsible person/persons are to be given punishment, a suspension or no further promotions and benefits.

4. The case is to decided by the court within a time frame of 90 days from the date of charge sheet filed/ case filed and a failure to do so should be taken as inefficiency of the concerned judge or court by the high court.

5. No bail is to be given to the accused till a decision is given by the court hearing the case either by the same or any other superior court including High Court and Supreme Court. If an appeal is filed in the superior court then again no bail till decision is given by the superior court.

6. Section 154 to be amended to include the Supreme Court judgment that the FIR/ Complaint can be filed in any Police Station near by even though the police station

may not have the territorial jurisdiction over the crime scene. Initial investigation, efforts to gather immediate evidence, apprehension of the culprits and help to be given to the victim is to be given by the same police station with intimation to the police station under which the crime scene falls. The accused in no case is to made to run around and waste time in finding the correct police station. Failure to do so will amount to criminal culpability/dereliction of duty by the concerned police personnel/officer, and action, punishment is to be given to such police personnel.

7. A  written complaint, oral complaint, complaint/intimation on telephone or  complaint/intimation by  e -mail  , where details of the complainant is given ( Not anonymous) are to treated as FIR in this regard and given the same priority.

8. Once a complaint/FIR is lodged and senior officer and concerned police station informed then with a period of 24 hours the FIR along with the investigation report or other details to be forwarded to the concerned police station and they should get in touch with the victim and the victim should not be called to the police station. Failure to do so should amount to dereliction of duty by the concerned person. Intimation of its forwarding is to be given to central control room also.

9.  Courts, police officers should be permitted to take the help of registered NGO’s, Social welfare groups/organizations, or social workers. Questioning, statement from the victim to be taken in presence of parents/ social workers/ NGO's only and that too in camera only.

10. Identity of the victim not to be disclosed to any person under any circumstances, not even to electronic media or print media. Erring person to be charged and tried for dereliction of duty and suitable punishment awarded.

11. Any person above 12 years of age who commits the crime of rape, outraging the modesty of woman is to be tried as an adult and not as a juvenile and given suitable punishment. If a person commits such a crime then it can be presumed that that he has

all the characteristics of an adult and considers him selves to be an adult and hence should be tried as such.

12. FIR/ Complaint can also be lodged by a registered NGO/ social welfare organization/ group or a social activist for starting the investigation and arrest of the accused. But such complaints will have to be signed by the individual or given accent by him in presence of witness after the investigation is complete and before the charge sheet is filed.