Government to change definition of rape: Patil

Zee News New Delhi, June 23: The government is considering changing the definition of rape to ensure that the accused do not go scot free as well as bringing a bill in Parliament to amend the Indian Penal Code in this regard, Home Minister Shivraj Patil said today. "A draft bill is being prepared to change the definition of rape and give it a new definition," he told a press conference here while giving details of certain key amendments to the Criminal Procedure Code that have now become law. Patil, however, declined to give details on the changes being considered with regard to the definition of rape, saying the draft bill was under preparation. The government, he said, has also decided to make "plea bargaining", a new concept, part of the statute to allow the settlement of cases between the accused and the victim through various measures including compensation. This would only apply to offences carrying jail terms less than 10 years and would have to be done through a court. The issue of plea bargaining was part of the code of criminal procedure (amendment) bill, 2005, which was passed by Parliament last year but had not been notified. "Though all other provisions of the CrPC Amendment Bill were notified and brought into effect on April 12, 2006, plea bargaining was left out deliberately as the parliamentary standing committee, while examining the bill, had recommended setting up of an independent prosecuting agency for success of this provision," Patil said. The government has now decided to notify the issue of plea bargaining to make it law, Patil said, observing that the 2005 act has the provision for setting up of a Directorate of Prosecution. Besides plea bargaining, the act has clauses to prevent witnesses from being threatened to give false evidence in criminal cases and to include more scientific experts to give evidence in cases relating to counterfeit currency or stamps, he said. Referring to another Code of Criminal Procedure Amendment Bill that became law this week, Patil said the new statute would allow the use of DNA and other modern scientific techniques during medical examination of an accused. "An accused in a rape case can be compelled to give his blood for DNA testing," he said. Under its provisions, women cannot be arrested after sunset and before sunrise except in exceptional circumstances. It allows the identification parade of accused to be conducted by a Magistrate. An undertrial prisoner, other than one accused of an offence for which the death penalty has been prescribed as one of the punishments, can now be released on his personal bond with or without sureties in case he has undergone half of the maximum jail term provided for the offence. Under the new law, the police is required to give information about the arrest of a person as well as the place where he is being held to anyone who may be nominated by him for giving such information. The government has now decided to notify the issue of plea bargaining to make it law, Patil said, observing that the 2005 act has the provision for setting up of a Directorate of Prosecution. Besides plea bargaining, the act has clauses to prevent witnesses from being threatened to give false evidence in criminal cases and to include more scientific experts to give evidence in cases relating to counterfeit currency or stamps, he said. Referring to another Code of Criminal Procedure Amendment bill that became law this week, Patil said the new statute would allow the use of DNA and other modern scientific techniques during medical examination of an accused. "An accused in a rape case can be compelled to give his blood for DNA testing," he said. Under its provisions, women cannot be arrested after sunset and before sunrise except in exceptional circumstances. It allows the identification parade of accused to be conducted by a magistrate. An undertrial prisoner, other than one accused of an offence for which the death penalty has been prescribed as one of the punishments, can now be released on his personal bond with or without sureties in case he has undergone half of the maximum jail term provided for the offence. Under the new law, the police is required to give information about the arrest of a person as well as the place where he is being held to anyone who may be nominated by him for giving such information. The new statute provides for additional inquiry by a magistrate in case of the death or disappearance of a person or the rape of a woman while in police custody. In case of death, the examination of the body will be conducted within 24 hours, Patil said. If an arrested person is accused of a bailable offence and is unable to furnish security, the court shall release him on his execution of a bond without surety, according to the new law. "In no case will an undertrial be detained beyond the maximum period of imprisonment provided for an alleged offence," he said. Other provisions under the law included increase in the amount of compensation to persons arrested without reasonable ground. Patil said the government was also considering bringing a bill in Parliament to set up "village courts" to settle petty disputes and provide justice at the doorstep. The government, he said, would also bring in amendments to the Ipc, CrPC and Evidence Act to strengthen the criminal justice system. Bureau Report (Source: Zee News)