Government proposes path-breaking amendment to CrPC

NI Wire

New Delhi

Sat, 03 May 2008: 

The government’s consent to crucial amendment in the code of Criminal Procedure (CrPC) on Thursday may contribute significantly to improve the direction and condition of rape victims.

On one hand whether it would provide mental potency to the victims in terms of gettg women judges that there is a constitutional authority who belong to their own feminine race and on the flip side recording statement at places of their own choice in presence of woman officer would further save the victims from the repetition of trauma and embarrassment that they suffered earlier.

The speedy trial of rape cases may create fear among the rapists and deter them from committing the callous act the consequence of which would not lost in the long span of time. Quick disposal of rape cases without leaving scope for postponement or adjournment of proceedings has also been proposed by the cabinet.

The rape victim can lodge FIR at her residence in presence of woman officer in stead of going to the local police station to record her statement and had no option of having presence of woman officer, which has been in operation till the amendment takes the form of a bill.

The amendment in Section 173 has proposal to complete investigation in rape case of minor within three months from the date on which the information was recorded by the officer-in-charge of the police station.

The amendment also recommended interrogation of rape victims to be carried at the comfortable place of their choice be it at home or any convenient place and the victims can record their statements in presence of women officer. Also the trial of rape cases shall be executed by a woman magistrate and preferably in a fast track court.

Provisions are also laid down for the victim to be questioned in presence of her parents or the social worker of the locality would spare her from mental distress which the victim had to face in answering inconvenient questions in the presence of strange persons.

In a significant move, the amendment further empowers the victim can appeal against acquittals.

Taking note of the Nalini Sriharan convicted in the Rajiv Gandhi assassination case, the cabinet also proposed to commute capital punishment of a pregnant convict to life term imprisonment. Nalini’s punishment was altered from death penalty to life imprisonment at the request of Congress president Sonia Gandhi considering her unborn child.

A proposal to lift the ban on printing or publication of trial proceedings in relation to an offence of rape, subject to maintaining confidentiality as to identity of the parties will have to seek legal status.

A path breaking amendment in Section 198 (prosecution for offences against marriage) of the CrPC has also been proposed. The Section 198 prohibits a court from taking cognisance of an offence alleged by a wife below 18 years of age. The amendment is brought at the backdrop of a law raises the matrimonial age of girls from 15 to 18 years.

It also proposes for video-conferencing and in-camera hearing for preventing witnesses from turning hostile.

The amendments to the Code of Criminal Procedure (Amendment) Bill, 2006 are based on suggestions given by the Parliament Standing Committee on Home Affairs in 2007. The CrPC has been amended nine times since it was enacted in 1973.

The cabinet recommendation to the amendments of CrPC would need Parliamentâ??s nod to come into operation. Since the ongoing session is to be lasted on May 09, possibility of the bill to be tabled this session is very less.