New Delhi, January 1
Taking a stern step, which seems to be a fallout of the Ruchika molestation and suicide case, the Union government has carried out crucial amendments to the Criminal Procedure Code (CrPC) that will enable speedy trials in all sexual offences, including rape.
The target is to complete trials within two months as far as possible. Also, the victims will have the right to appeal against a court order. The amendments also lay down a provision for providing funds to victims as compensation.
The amendments which came into effect yesterday would come as a big relief to complainants as till now only the state could file an appeal against an order.
A statement on key amendments released by the Ministry of Home Affairs (MHA) said the victims will now be allowed to engage an advocate to assist the prosecution.
It also prescribes that the statement of a victim of rape shall be recorded at her residence and as far as practicable, by a woman police officer in the presence of the victim’s parents or guardian, or a social worker. The amendments also enable recording of statements or confessions by audio-video electronic means.
It also stipulates that the trial of an offence under Sections 376 (rape) to 376 D IPC (the entire Section deals with sexual offences) shall, as far as possible, be completed within two months.
The amendment also incorporates a new Section 357A obliging every state government to prepare a scheme for providing funds for compensating the victim of a crime or his dependents besides providing for execution of bond by a person seeking bail pending an appeal.
Separately, three provisions relating to the power of a police officer to make an arrest and power of court to refuse or grant adjournments have also been put on hold. These are
Sections 5, 6 and 21(b) of the Amendment Act. Though the amendments were in the pipeline for more than a year, the Ruchika case seems to have hastened the government announcement, say sources. The CrPC was amended in 2006 but the notification had not been done so far.
Union Home Minister P Chidambaram had yesterday mentioned that these amendments are still on hold. Representations were received against the provisions and were referred to the Law Commission, which held consultations and submitted its report. On the basis of the report, an amendment Bill has been approved by the Cabinet. It is expected to be introduced in the Budget session, add sources.
