The Protection of Children from Sexual Offences Act, 2012 is a gender neutral legislation which was enacted with the main objective of to ensure right to safety, security and protection from sexual abuse of a child but it does not recognizes death sentence for child rapist. The Act of 2012 recognizes wide range of sexual abuses that are penetrative and aggravated penetrative sexual assault, non-penetrative and aggravated non penetrative sexual assault, sexual harassment and using child for pornographic purpose. Till 2018 the maximum punishment prescribe under the act was life imprisonment but now death sentence is recognized for a person committed rape of a child. This change is due to the demand for making stringent anti-rape laws which had started developing due to series of incidents of rape against child and specifically massive outrage of the people across the country against the Kathua rape (minor girl was raped and murdered) and Unnao Rape case (rape reported of a girl of 17 years in Unnao, Uttar Pradesh by MLA in his residence). In result of that the Criminal (Amendment) Bill, 2018 was placed before the house and ultimately it was passed in both the houses of Parliament and the Act received assent of President on 11th August 2018. This Criminal (Amendment) Act, 2018 has brought amendment in Indian Penal Code, 1860, Code of Criminal Procedure, 1974, The Evidence Act, 1872 and the Protection of Children from Sexual Offences Act, 2012. The changes brought by the Criminal (Amendment) Act, 2018 in Indian Penal Code are enhancement of the punishment for rape if committed by the member of armed forces, public servant and police officers from minimum 7 years to 10 years, punishment for rape committed of a women below sixteen years is the rigorous imprisonment of not less than 20 years and which may extend to life imprisonment and the most importantly the punishment for committing rape of a girl below 12 years of age as prescribes under the act is minimum 20 years of rigorous imprisonment which may extend to life imprisonment (person’s natural life), or with death. The act also prescribes minimum punishment of life imprisonment (person’s natural life) or fine or death sentence for the persons committed gang rape of a girl below 12 years of age. The rate of conviction in rape cases in very less and the procedure itself is lengthy so to resolve the issue few amendments are also made in the Code of Criminal Procedure, 1974 to enforce the provisions incorporated in Indian Penal Code in strictest sense are no anticipatory bail can be granted to the person accused of raping a girl below 16 years, the investigation in such rape cases shall be completed mandatorily with 2 months and the appeal in such cases needs to be disposed of within 6 months. It can be assumed that the severe changes brought by the Criminal (Amendment) Act, 2018 in rape law is a good initiative to regulate and minimize the rate of crime and this can be achieved by proper implementation of the provisions incorporated. Death sentence could be the appropriate punishment for the criminals who committed rape of a minor child. It can act as deterrent way of punishing a person for such heinous crime.
