Criminal Law (Amendment) (Offense of Rape) Act 2016

Sections 376, 376A, 53A, 154, 161A, 164A and 164B have been added/amended through this Act.

1. Rape, gang rape, rape of minors and/or persons with disabilities is punishable with imprisonment for life and fine.
2. Anyone who obstructs the work of a police officer or Government official will be punished with imprisonment of 1 year (instead of 3 months in the earlier provision).
3. Government officials who take advantage of their official position and commit rape (e.g. custodial rape) are liable to imprisonment for life and fine.
4. Whoever prints or publishes the name or any matter which may publicize the identity of an alleged victim of rape, gang rape, or outraging modesty of a woman, shall be punished with a maximum of 3 years imprisonment and fine.
5. For the purpose of gathering evidence of rape or gang rape, it is lawful for a registered medical practitioner employed in a Government hospital to examine the accused and collect necessary evidence, including DNA evidence.
6. Recording of statement of the female survivor of rape or sexual harassment shall be done by an Investigating Officer, in the presence of a female police officer, or a female family member of the survivor.
7. Survivors of rape shall be provided legal aid (if needed) by the Provincial Bar Council.
8. Medical examination of the survivor of rape shall be conducted after obtaining consent from the survivor, by a registered medical practitioner as soon as possible after the alleged crime takes place.
9. A trial for rape shall conclude within three months, failing which the matter shall be brought to the notice of the Chief Justice of the High Court for appropriate directions.
10. All trials under the Act will be conducted in camera, i.e. privately, and will not be made public.
11. Public servants (e.g. police) who fail to carry out investigation properly will be punished with imprisonment of 3 years or fine or both.
 
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