The Cabinet cleared the ordinance seeking to allow courts to award death penalty to those convicted of raping children up to 12 years of age.

The proposal to amend the stringent Protection of Children from Sexual Offences (POCSO) Act was a result of a nationwide outcry after the Kathua, and Surat rape cases.

Currently, child-rape convicts can get anywhere between seven years` prison term to life imprisonment.

Interestingly, the government had dismissed the idea of capital punishment for raping a minor in the Supreme Court three months ago.

And now the Centre had told Supreme Court it was planning stricter punishments for child offenders.

 The decision comes after the gruesome incidents of Unnao, Kathua and Surat incident of raping and murdering infants came to the forefront shaking the entire nation.

Here`s what this path-breaking tweak means: 

Criminal Law: 

• Minimum punishment in case of rape of women has been increased from rigorous imprisonment of 7 years to 10 years, extendable to life imprisonment. 

• 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. 

• The punishment for gang rape of a girl under 16 years of age will invariably be imprisonment for rest of life of the convict.

• 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 a girl below 12 years, punishment will be imprisonment for rest of life or death sentence.

Speedy investigation and trial:

• Time limit for investigation of all cases of rape has been prescribed, which has to be mandatorily completed within 2 months.

• Time limit for completion of trial of all rape cases has also been prescribed and it has to be necessarily completed in 2 months.

• 6 months’ time limit for disposal of appeals in rape cases has also been prescribed.

Restrictions on bail 

• 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. 

• 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. 

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