Starting July 1st, three new criminal laws will be enacted, replacing the Indian Penal Code (IPC) from 1860 with the Indian Justice Code (IJC), increasing the severity of punishments for various crimes.
Rape, gang rape, and child kidnapping offenses now come with stiffer sentences. For some crimes, if life imprisonment is meted out, the convict will not leave prison alive.
Which crimes will incur such punishment?
- Section 65:
Under section 65 of the Indian Justice Code, if a person is found guilty of raping a girl under 16 years of age, they face a minimum of 20 years in prison. This sentence can extend to a life term, during which the convict must remain incarcerated for life.
- Section 66:
If a rape results in the woman's death or leaves her in a comatose state, the perpetrator is looking at a minimum sentence of 20 years, which could be elevated to life imprisonment. In such cases, the convict will not be released alive from prison.
- Section 70:
This section pertains to gang rape, including rape of minors. All convicted gang rapists will face at least 20 years in prison, with a potential fine that benefits the victim. The sentence could also be increased to life imprisonment, implying jail until death.
- Section 71:
If a convicted rapist or gang rapist re-offends, they will serve life imprisonment until death.
- Section 104:
A murderer serving a life sentence who kills again will face the death penalty or another life sentence. If granted life imprisonment for this crime, the convict will not exit prison alive.
- Section 109:
Under subsection 2 of Section 109, if a life-term prisoner causes harm to someone, they could receive the death penalty or life imprisonment. Life term convicts will remain in prison for life.
- Section 139:
Kidnapping a child to use them for begging can land the perpetrator a sentence ranging from 10 years to a life term. Under Section 139(2), if the child is maimed to elicit sympathy for begging, the convict will serve a life term.
- Section 143:
This section deals with human trafficking penalties, dictating life sentences for those committing child trafficking multiple times. Under Section 143(7), government servants or police officers involved in trafficking will also face life imprisonment.
Life imprisonment typically ranges from 14 to 20 years. However, the Supreme Court clarified in 2012 that it means incarceration for the convict's entire life. Usually, life-term prisoners serving at least 14 years may have their sentence reviewed, potentially leading to an early release. But under the newly introduced Indian Justice Code, those convicted of heinous crimes with provisions for imprisonment until death cannot have their sentences reduced or waived.
