Haryana Cabinet: Death for rapists if victims below 12 yrs

In a bid to make the existing criminal laws related to sexual offences more stringent, the Haryana Government, following in the footsteps of Madhya Pradesh, has decided to amend laws to award death or rigorous imprisonment to those found guilty of raping girls aged 12 and below.

Sections amended:

• The Cabinet has decided to amend sections 376A (intercourse by a man with his wife during separation), 376D (rape by one or more persons constituting a group), 354 (assault or criminal force against woman with intent to outrage her modesty) and 354D(2) (stalking) of the IPC.
• Anyone convicted of raping a girl aged up to 12 will be awarded death or rigorous imprisonment of not less than 14 years, which may extend to imprisonment for life — that is for remainder period of natural life. A section has been inserted under Section 376AA of IPC. Another provision made under Section 376D A, where if a girl up to 12 years of age is raped by one or more persons, all shall be deemed to have committed the crime and will be punished with death or RI for not less than 20 years, which may extend to life with a fine. Such a fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim.
• Under Section 354, whoever uses criminal force on any woman, intending to outrage her modesty shall be punished with imprisonment of either description for a term which will not be less than two years but may extend up to seven years and shall also be liable to fine.
• Under Section 354D (2) of the IPC, whoever commits the offence of stalking will 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 will not be less than three years, but may extend to seven years and will also be liable to fine.

By: Dr. Vivek Rana