[India], May 17 (ANI): The Jammu and Kashmir Governor N.N. Vohra on Thursday promulgated the Jammu and Kashmir Criminal Law (Amendment) Ordinance, 2018 and the Jammu and Kashmir Protection of Children from Sexual Violence Ordinance, 2018.In view of the surge in sexual violence against women in various parts of the country, including Jammu and Kashmir, the 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.The Jammu and Kashmir Criminal Law (Amendment) Ordinance, 2018 seeks to amend the above laws.As per the new law, raping a woman under sixteen years of age has been made punishable with rigorous imprisonment for twenty years and may extend to a life sentence, which shall mean the remainder of that persons natural life.While raping a woman under twelve years of age has been made punishable with death sentence, gangrape of a woman under sixteen years of age has been made punishable with imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life.The investigation in such cases is to be completed within a period of two months. Also, the trial is 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.The Jammu and Kashmir Protection of Children from Sexual Violence Ordinance, 2018 is a comprehensive legislation which, inter-alia, provides for the protection of children from offences of sexual assault, sexual harassment, and pornography with due regard for safeguarding the interest of the child and the well being of a child at every stage of the judicial process.The salient features of this ordinance are - providing for alternative punishment for an act or omission constituting an offence under the ordinance and also under various provisions of the state penal code relating to sexual assault.The ordinance contains provisions relating to child-friendly procedures and reporting, recording of evidence, investigation, and trial of offences. It also provides for provisions relating to the establishment of special courts for speedy trial of such offences, and making it mandat.
J-K Guv promulgates ordinance on death penalty for rape. This article is published at 17 May 2018 07:38 from Sify India News and Top Stories, click on the read full article link below to see further details.