Introduction 

• The Criminal Law (Amendment) Act, 2018 was enacted after two other gruesome incidents Unnao Rape case, Kathua rape case which shook the conscience of the society. 
• The amendments made in 2018 provided for stricter punishments when the offence of rape is committed against minors. 
• The Criminal Law (Amendment) Act, 2018 brought amendments to following legislations: 
  • Indian Penal Code, 1860 (IPC) 
  • The Code of Criminal Procedure, 1973 (CrPC) 
  • Indian Evidence Act, 1872 (IEA) 
  • The Protection of Children from Sexual Offences Act, 2012 (POCSO)  

When was the Criminal Law (Amendment) Act, 2018 Enacted and Enforced? 

The Criminal Law (Amendment) Act, 2018, passed by Parliament and received the Presidential assent on 11th August 2018. By way of amendment in 2018 there were several new offences introduced.   

What were the Major Amendments under Criminal Law (Amendment) Act, 2018? 

Amendments to IPC 

• Section 376 of IPC:  
  • Amendment was made in (a) in sub section 1 of Section 376 which provided that punishment shall not be less than 10 years which may extend to life imprisonment.    
  • Section 376 (3) was added which provided that whoever, commits rape on a woman under sixteen years of age shall be punished with 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   
• Section 376 AB of IPC: Whoever, commits rape on a woman under twelve years of age shall be punished with 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 with fine or with death.  
• Section 376 DA of IPC: Where a woman under sixteen 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 imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine.  
• Section 376 DB of IPC: Where a woman under 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 imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death

Amendments to CrPC 

• Section 374 (4) was added which provided that when an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.  
• Section 377 (4) was added which provided that When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.  
• Section 438 (4) was added which provided that nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code.  
• Section 439 (a)(1) was added which provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application.  
• Section 439 (1A) provided that the presence of the informant or any person authorized by him shall be obligatory at the time of hearing of the application for bail to the person under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code.

Amendments to IEA

• Section 53A provides evidence of character or previous sexual experience not relevant in certain cases.  
  • Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB were added. 
• Section 146 provides for questions which would be lawful in cross-examination. 
  • Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB were added. 

Amendments to POCSO 

• The amendment in POCSO Act was done in Section 42 of the Act. 
  • Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB were added.

Conclusion

The Criminal Law (Amendment) Act, 2018 was enacted in the wake of gruesome offence of rape against minors. The offence of rape acquires a more gruesome character when it is committed against minor. In order to create greater deterrence towards such offences against minors this amendment has been introduced.