Low conviction rate –it is only about 3 percent of the total cases brought before the courts as per the NCRB Report 2016. One of the main causes for the low rate of conviction under the Act is a lack of infrastructure and manpower in the criminal justice system. Failure of previous acts –Despite the enactment of the POCSO Act in 2012, there has been no decline in the number of crimes against children. Inference –The new law was no deterrent. Delay in justice –It is common for court cases to last years or even decades- one of the reasons is the serious shortage of judges. More than 6 million criminal cases that have been pending for more than 10 years. Timelines for completion of the investigation, for recording of evidence, and for completion of trial are almost never adhered to due to pendency of cases and the lack of facilities. Politicians’ attitude –Samajwadi Party supremo Mulayam Singh Yadav went on record in 2014 to say that crimes like rapes shouldn’t lead to death sentence because “boys are boys and they make mistakes”.In a 2017 report, “Everyone Blames Me,” Human Rights Watch found that survivors (of the crime), particularly among marginalized communities, still find it difficult to register police complaints. They often suffer humiliation at police stations and hospitals, are still subjected to degrading tests by medical professionals, and feel intimidated and scared when the case reaches the courts. They face significant barriers when trying to obtain critical support services such as health care, counseling, and legal aid. Some incidents : The brutal gang rape and murder of an eight-year old girl Asifa Bano, who belonged to a Muslim nomadic tribe on 17 January near Kathua, a town in Kashmir shook the collective conscience of the nation and sparked outrage and anger across India. In the Nagaon district of Assam, an 11-year-old girl was raped and then burnt alive, and then an entire village came together to help the police catch the accused. It gets more disgusting. A four-month-old baby was raped and murdered in the historic Rajwada area of Indore. Hardened policemen were nearly moved to tears as they conducted a preliminary examination of the ravaged body. Seventeen men have been charged in India with the gang-rape of an 11-year-old deaf girl in the city of Chennai in July 2018. Salient features of the Criminal Law (Amendment) Bill 2018 The Bill seeks to replace the Criminal Law (Amendment) Ordinance promulgated on April 21, 2018 following an outcry over the rape and murder of a minor girl in Kathua in Jammu and Kashmir and the rape of another woman at Unnao in Uttar Pradesh.
66 The Criminal Law (Amendment) Bill 2018 will amend relevant Sections of the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and also the Protection of Children from Sexual Offences Act (POCSO Act) 2012.