Centre approves death penalty for rape of children below 12 years under POSCO Act. All about the amendment
People participate in a protest against the rape of an eight-year-old girl in Kathua near Jammu, and a teenager in Unnao, Uttar Pradesh (Image: Reuters)
April 21, Saturday, in the wake of gruesome Kathua rape case, central government passed the ordinance to amend the Protection of Children from Sexual Offences (POCSO) Act to grant death penalty for the rape of children under the age of 12.
Public outrage over Kathua rape case along with other incidents of rape of children in the country drove the government to show urgency in its action. However, the POCSO Act is not valid in the state of Jammu and Kashmir where the incident of rape of 8-year-old occurred.
As of now, the government has passed the ordinance and is awaiting the President's assent.
Here are the provisions of the amendment in POCSO Act:
Punishment for the child rapists: Death penalty and life imprisonment
Time limit for investigation and trials under the amendment
Restrictions on bail
Other provisions of the amendment
What is POSCO Act?
The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formed to protect children from offences of sexual abuse, sexual harassment and pornography and to provide a child-friendly system for the trial of these offences. The act received the President's assent on June 19, 2012.
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- IndiaToday.in
- New Delhi
- April 21, 2018 UPDATED 16:39 IST
People participate in a protest against the rape of an eight-year-old girl in Kathua near Jammu, and a teenager in Unnao, Uttar Pradesh (Image: Reuters)
April 21, Saturday, in the wake of gruesome Kathua rape case, central government passed the ordinance to amend the Protection of Children from Sexual Offences (POCSO) Act to grant death penalty for the rape of children under the age of 12.
Public outrage over Kathua rape case along with other incidents of rape of children in the country drove the government to show urgency in its action. However, the POCSO Act is not valid in the state of Jammu and Kashmir where the incident of rape of 8-year-old occurred.
As of now, the government has passed the ordinance and is awaiting the President's assent.
Here are the provisions of the amendment in POCSO Act:
Punishment for the child rapists: Death penalty and life imprisonment
- In case of gang-rape of a girl below the age of 12, the punishment will be- death penalty or life imprisonment
- In case of rape of a girl below the age of 12, the punishment will be- death penalty, life imprisonment or a minimum imprisonment of 20 years
- In case of gang-rape of a girl below the age of 16, the punishment will be- imprisonment for the rest of life
- In case of rape of a girl below the age of 16, the punishment will be- imprisonment for 20 years (earlier 10 years) which is extendable for rest of life
- In case of rape of a woman, the minimum punishment has been provided to be 10 years (earlier 7 years) which is extendable to life imprisonment
Time limit for investigation and trials under the amendment
- Investigation of all cases of rape should be completed within 2 months
- The trial of all rape cases should be completed in 2 months
- A time limit of 6 months has also been provided for disposal of appeals in rape cases
Restrictions on bail
- There will be no provision for anticipatory bail for a person accused of rape or gang rape of a girl under 16 years
- Before deciding bail applications in case of rape of a girl under 16 years of age, the court has to give notice of 15 days to the public prosecutor and the representative of the victim
Other provisions of the amendment
- To help the victim of rape better, the present scheme of One Stop Centres for assistance to the victim will be extended to all districts in the country
- Dedicated manpower will be provided for investigation of rape cases to speed up the investigation
- Special forensic labs will be set up in each State/UT exclusively for rape cases
- Special forensic kits will be provided to all Police Stations and hospitals for rape cases
- New Fast Track Courts will be set up in consultation with States/UTs and High Courts
- Creation of new posts of public prosecutors in consultation with States/UTs
- National Crime Records Bureau will maintain a national database and profile of sex offenders which will be shared with states/UTs to better track, monitor, investigate and verification of antecedents by police
What is POSCO Act?
The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formed to protect children from offences of sexual abuse, sexual harassment and pornography and to provide a child-friendly system for the trial of these offences. The act received the President's assent on June 19, 2012.
Interested in General Knowledge and Current Affairs?Click here to stay informed and know what is happening around the world with our G.K. and Current Affairs section.
To get more updates on Current Affairs, send in your query by mail to [email protected]
