POCSO amendments suggested by cabinet
Minimum punishment in case of rape of women has been increased from rigorous imprisonment of 7 years to 10 years, extendable to life imprisonment.
If victim is under 16, minimum punishment increased to 20 years
In case of rape of a girl under 16 years, minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which shall mean imprisonment till that person’s natural life.
In case of gangrape of victim under 16, minimum punishment is life term
The punishment for gang rape of a girl under 16 years of age will invariably be imprisonment for rest of life of the convict.
In case victim under 12, minimum 20 years’ or life term or death
Stringent punishment for rape of a girl under 12 years has been provided - minimum 20 years’ imprisonment or imprisonment for rest of life or with death.
In case of gang rape of victim under 12, punishment will be life term or death
In case of gang rape of a girl below 12 years, punishment will be imprisonment for rest of life or death sentence.
Steps have also been taken to ensure speedy investigation and trial.
1) The time limit for investigation of all cases of rape has been prescribed, which has to be mandatorily completed within 2 months.
2) Time limit for completion of trial of all rape cases has also been prescribed and it has to be necessarily completed in 2 months.
3) 6 months’ time limit for disposal of appeals in rape cases has also been prescribed.
Restrictions on bail
1) It has been prescribed that there will be no provision for anticipatory bail for a person accused of rape or gang rape of a girl under 16 years.
2) It has also been provided that court has to give notice of 15 days to Public Prosecutor and the representative of the victim before deciding bail applications in case of rape of a girl under 16 years of age.
B. Other Measures:
In order to give effect to the legal provisions and to improve the capacity of criminal justice system to deal with rape cases, Cabinet has approved a number of important measures:
(a) Strengthening the courts and prosecution
• New Fast Track Courts will be set up in consultation with States/UTs and High Courts.
• Creation of new posts of public prosecutors and related infrastructure in consultation with States/UTs.
• Special forensic kits for rape cases to all Police Stations and hospitals.
• Dedicated manpower will be provided for investigation of rape cases in a time bound manner.
• Setting up special forensic labs in each State/UT exclusively for rape cases.
• These measures will form part of a new mission mode project to be launched within 3 months.
(b) National Database
• National Crime Records Bureau will maintain a national database and profile of sexual offenders.
• This data will be regularly shared with States/UTs for tracking, monitoring and investigation, including verification of antecedents by police.
(c) Assistance to victims
• The present scheme of One Stop Centres for assistance to victim to be extended to all districts in the country. more
If victim is under 16, minimum punishment increased to 20 years
In case of rape of a girl under 16 years, minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which shall mean imprisonment till that person’s natural life.
In case of gangrape of victim under 16, minimum punishment is life term
The punishment for gang rape of a girl under 16 years of age will invariably be imprisonment for rest of life of the convict.
In case victim under 12, minimum 20 years’ or life term or death
Stringent punishment for rape of a girl under 12 years has been provided - minimum 20 years’ imprisonment or imprisonment for rest of life or with death.
In case of gang rape of victim under 12, punishment will be life term or death
In case of gang rape of a girl below 12 years, punishment will be imprisonment for rest of life or death sentence.
Steps have also been taken to ensure speedy investigation and trial.
1) The time limit for investigation of all cases of rape has been prescribed, which has to be mandatorily completed within 2 months.
2) Time limit for completion of trial of all rape cases has also been prescribed and it has to be necessarily completed in 2 months.
3) 6 months’ time limit for disposal of appeals in rape cases has also been prescribed.
Restrictions on bail
1) It has been prescribed that there will be no provision for anticipatory bail for a person accused of rape or gang rape of a girl under 16 years.
2) It has also been provided that court has to give notice of 15 days to Public Prosecutor and the representative of the victim before deciding bail applications in case of rape of a girl under 16 years of age.
B. Other Measures:
In order to give effect to the legal provisions and to improve the capacity of criminal justice system to deal with rape cases, Cabinet has approved a number of important measures:
(a) Strengthening the courts and prosecution
• New Fast Track Courts will be set up in consultation with States/UTs and High Courts.
• Creation of new posts of public prosecutors and related infrastructure in consultation with States/UTs.
• Special forensic kits for rape cases to all Police Stations and hospitals.
• Dedicated manpower will be provided for investigation of rape cases in a time bound manner.
• Setting up special forensic labs in each State/UT exclusively for rape cases.
• These measures will form part of a new mission mode project to be launched within 3 months.
(b) National Database
• National Crime Records Bureau will maintain a national database and profile of sexual offenders.
• This data will be regularly shared with States/UTs for tracking, monitoring and investigation, including verification of antecedents by police.
(c) Assistance to victims
• The present scheme of One Stop Centres for assistance to victim to be extended to all districts in the country. more
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(1)I agree with Mr.Balasubramanyam Sarmakrishnamurthy that "Rapist to be hanged. why should they be life imprisonment at the cost of public exchequer. otherwise they be treated like our great freedom fighters like VOC or execution like Great Bhagatsingh. The rapists are enemies of the society and Nation." (2)At the same time Hon.Court may like to find out reason for rape. Which mind set / situation made him to rape.So that social activities can be changed, so that crime can come down. (3)In case of bogus rape cases to take revenge by women, the women should also be prosecuted and penalised heavily (4)Time limit should be sent set for decision by Hon. Court. more
May 03
Instead changing the no. of years for punishment life term, 10 yrs etc, it is more important to award punishment with in time frame of 3 months max. more
Apr 25
That's why I suggeste that a comprehensive Act should be framed. Behind a rape there may be many stories, facts, which too the judges take into account. Pure rape plus murder is very criminal activity, to be punished for both. Death sentence is the final. It's to be seen if it really serves the purpose, specially when the justification of such sentence is under consideratin from time to time. To make the culprits impotent is a good suggestion. Let there be a comprehensive discussion taking other competent persons into it besides the ministers and politicians. more
Apr 24
Rapist to be hanged. why should they be life imprisonment at the cost of public exchequer. otherwise they be treated like our great freedom fighters like VOC or execution like Great Bhagatsingh. The rapists are enemies of the society and Nation. more
Apr 24
