Mohinder Verma
JAMMU, Feb 6: In order to make the laws relating to sexual offences more stringent, Minister for Law, Justice and Parliamentary Affairs, Mir Saifullah, today constituted a four-member committee to suggest necessary amendments in the Ranbir Penal Code (RPC), Code of Criminal Procedure and Evidence Act. The committee headed by Advocate General has been directed to accomplish the task and submit report within a week’s time.
Authoritative sources told EXCELSIOR that keeping in view the public outrage and sentiments following the Delhi gang-rape case and general demand about revision of existing laws relating to sexual offences to make the same stringent for severe punishment to the accused, Chief Minister, Omar Abdullah too felt the need to revisit the laws applicable in Jammu and Kashmir and issued necessary directions to the Law, Justice and Parliamentary Affairs Department in this regard in the month of December 2012.
Acting swiftly on the directions of Chief Minister, the Law, Justice and Parliamentary Affairs Department approached legal experts—senior advocates, lawyers dealing in criminal cases and Universities of Jammu and Kashmir besides Home Department to seek their suggestions on the subject. However, there was no encouraging response to this exercise till date, sources said.
“In order to ensure that there is no further delay in arriving at a conclusion vis-à-vis changes required in the existing laws in tune with public sentiments, Minister for Law, Justice and Parliamentary Affairs, Mir Saifullah today convened a meeting of the senior officers of the Law Department at Civil Secretariat and discussed issues regarding bail provision, time period for investigation, trial period, classification of cases, strengthening of women police stations and their jurisdiction, the rank of officers to be appointed as investigation officer in such cases and recording of statement under Section 164.
After threadbare discussion it was decided to constitute a committee to thoroughly review the existing laws relating to sexual offences and suggest amendments required to be carried out to make the same more stringent.
Advocate General, M I Qadiri is the head of the committee while as Secretary Law, Director Prosecution and Special Secretary Law are its members. The Committee has been directed by the Law Minister to accomplish the task within a week’s time and come up with recommendations. It has also been asked to study Justice Verma Committee report on the subject, they said, adding the recommendations would be first discussed with the Law Minister and then placed before the State Cabinet for its decision.
“If the exercise is completed by the end of current month there is possibility that Government will table amendment bill on the floor of the State Legislature during the forthcoming Budget Session commencing from February 28, 2013”, sources said.
In response to a question, sources said that changes in law will deal with various stages including investigation, prosecution and trial of cases relating to sexual offences. The committee will suggest amendments required in the Ranbir Penal Code, Code of Criminal Procedure and Evidence Act, they added.
As far as Ranbir Penal Code is concerned amendments will be carried out in Section 294 (obscene acts and songs), Section 354 (assault or criminal force on women with intent to outrage her modesty) and 376 (punishment for rape). As per the existing provisions, the punishment for rape offence is not less than seven years of imprisonment.
By way of amendments in the Code of Criminal Procedure and Evidence Act, Government intends to provide for fast-track investigation as well as fast track trial, sources said.
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