Arunachal Assembly passes bill for death penalty for rape of girls under 12 years

Itanagar

“Arunachal Pradesh  became the fourth state in the country after Madhya Pradesh, Rajasthan and Haryana to bring in amendments in the Criminal Law to provide capital punishment (death penalty) to those convicted of raping girls under 12 years”. 

In a historic legislation, the State Govt led by Chief Minister Pema Khandu today sounded out a warning through the passing of the Criminal Laws (Arunachal Pradesh) Amendment Bill, that any forms of violence against Women & children shall be dealt with an iron hand in the state.

The Legislative Assembly in its 15th sitting by unanimity among all its members present passed by voice vote, the Criminal Laws (Arunachal Pradesh) Amendment Bill 2018 as moved by the Home Minister in the House today after a thorough discussion and detailed deliberation.

The Bill as passed seeks to amend provisions among others, section 354, 354 (B), 354 (D) of IPC which punishes for outraging the modesty of women by providing harsher punishment up to 7 years and 10 years to the existing provisions and fine to the tune of Rupees One lakh.

Further, the amendment bill namely Section 376AA   and Sec 376D  to the  IPC provides for punishment  for such offences of rape and gang rape of a women below twelve years by providing death punishment in addition to other punishments, a departure from the central legislation. The Bill also provides for amendment to POSCO, Indian Evidence Act & Code of Criminal Procedure as consequential legislation.

  With the passing of the said Bill, Arunachal Pradesh has become one more State in India to provide for Death penalty to one who commits a rape or gang rape to a woman below 12 years of age in the state. 

Important Provisions brought in the Criminal Laws (Arunachal Pradesh) 

Amendment Bill 2018:- 354, 354(B), 354(D), 376AA, 376(DA)

Amendment of section 354

In section 354 of the principal Act, for the words “shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine” the words “shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine” shall be substituted.

Amendment of section 354B

 In section 354B of the principal Act, for the words  “shall be punished with  imprisonment of either description for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine”, the  words  “shall be punished on first conviction with imprisonment of either description for a term which shall not be less than three years but which may  extend to seven years and shall also be liable to fine; and be punished on a second or subsequent conviction with rigorous imprisonment for a term which shall not be less than seven years but which may extend to ten years and with fine which shall not be less than one lac rupees” shall be substituted.

Amendment of section 354D

In section 354D of the principal Act, for sub-section (2), the following sub-section  shall be substituted, namely:-

“(2) Whoever commits the offence of stalking shall be punished on first

conviction with imprisonment of either description for a term which may  extend to three years and shall also be liable to fine; and be punished on a second or subsequent conviction with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years and with fine which shall not be less than one lakh rupees:

 Provided that the court may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of lesser period of  imprisonment than specified minimum imprisonment.”.

Insertion of section 376AA

After section 376A of the principal Act, the following section shall be inserted,  namely:—

Punishment for rape on a woman up to twelve years of age

“376AA. Whoever commits rape on a woman up to twelve years of age shall be punished with death, or rigorous imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.”.

Insertion of section 376DA

After section 376D of the principal Act, the following section shall be inserted, namely:—

Punishment for gang rape on a woman twelve years of age

“376DA. Where a woman  up to twelve 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 death, or 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 shall also be liable to 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”.

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