"THE BENEVOLENT,DETERRENT & VISIONARY ORDINANCE" {THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2018}

 Let me first mention that this "Ordinance", if become "law" will be an extraordinary step in Criminal Jurisprudence in India. There are several reason for me to say so and they are as follows:- First, the ordinance strengthen the concept of "Victim Justice" in India, which has been kept at shore in Criminal Law through two ways, firstly by providing that a victim of rape under 16 or under 12 years shall be paid "fine which 'shall' be just and reasonable" to "meet the medical expenses" and to "rehabilitate the victim." This provision ensures that, the fine will not only be as much as to meet the medical expenses but it shall rehabilitate the victim, by consulting psychologist for the trauma which a victim of rape suffers. It has been shown through an empirical research that the fine imposed fails to meet the "medical expenses", and to rehabilitate the victim. Further it mandates and direct that " fine shall be paid to the victim", which means nothing goes to the State Coffers.

Secondly, in the Pre-trial or at trial stage the participation of the victim is minimum, the new ordinances guarantees the "Victim Participation", at "pre-trial stage" i.e in time of granting bail to the accused person. In this regard, it mentions that the "High Court or the Court of session shall, before granting bail to the accused of an offence... give notice to Public Prosecutor within fifteen days from the date of receipt of notice of such application and after notice the "presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail", thus it strengthens the victim participation at Bail Stage, so the Victim, if present could voice her opinion and give reason for not granting bail and the statements may be noticed by magistrate before granting the Bail. This step is also in consonance with the "United Nation Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power" which through Sec. 6(b) states that "(b) Allowing the views and concerns of victims to be presented and considered

at appropriate stages of the proceedings where their personal interests are affected, without prejudice to the accused and consistent with the relevant national criminal justice system". Hence, it give regard to the international law.

Thirdly the provision for anticipatory bail will not apply to the person accused of the offences of "rape". 

Fourthly, it helps to speedy investigation of the cases by police, by "Directing the police" that it "shall complete its investigation within its two months". Though this step is commendable but the present state of "affairs" of police, it is not quite possible to achieve this objective. Hence, to meet the objective, it has to go for "Police Reforms".

Fifthly, the Provision of "Death Penalty" is an "or" provision, thus it depends on the discretion of "session judge" either to give 20 yrs of rigorous imprisonment or Life imprisonment or death (for the age of victim below 12 yrs bu in case of victim having age of 12-16 yrs, there is no death penalty). Hence, the ordinance is a benevolent, deterrent & visionary one.