Historic Ordinance

A historic ordinance to tackle sexual crimes against children has been approved by the Jammu and Kashmir Governor NN Vohra that will go long way in crushing brutal crimes.  Few days back, Governor N. N. Vohra has promulgated the Jammu and Kashmir Criminal Law (Amendment) Ordinance, 2018 and the Jammu and Kashmir Protection of Children from Sexual Violence Ordinance, 2018.It comes in backdrop of  rise   in violence against women in general and sexual violence in particular in various parts of the country, including the State of J&K, need was felt to carry out certain amendments in the Criminal Laws (the Ranbir Penal Code, Samvat, 1989; the Code of Criminal Procedure, Samvat, 1989; and the Evidence Act, Samvat, 1977) on the analogy of   the amendments made in the Central Criminal Law in 2018, said an official spokesman.

The Jammu and Kashmir Criminal Law (Amendment) Ordinance, 2018 seeks to amend: (i) the Ranbir Penal Code, Samvat, 1989; (ii) the Code of Criminal Procedure Samvat 1989; and (iii) the Evidence Act, Samvat, 1977.

The ordinance is being seen as path breaker and is generating positive vibes .

The salient features of the aforesaid Ordinance include:

Committing rape on a woman under sixteen years of age has been made punishable with rigorous imprisonment for twenty years and may extend to life sentence, which shall mean remainder of that person’s natural life. Committing rape on a woman under twelve years of age has been made punishable with death sentence.

Gang Rape on a woman under sixteen years of age has been made punishable with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life

Gang Rape on woman under twelve years of age has been made punishable with death sentence .Investigation in such cases is to be completed within a period of two months

Trial to be completed within six months and reasons for any delay shall need to be communicated to the High Court.It has been provided that no Bail shall be granted without hearing the Public Prosecutor.

In Nutshell, in curbing the heinous crimes against children especially girls this legislation is seen as a historic measure by all voices of sanity in unison.

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