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Synopsis

A Supreme Court Bench comprising CJI U.U. Lalit and Justice Bela M. Trivedi, while hearing a plea by Project 39A through Advocate Mahfooz Ahsan Nazki, listed the matter along with another petition pending before the Court. The matter will now be taken up by an appropriate court.

The writ petition challenges the validity of Section 376DA of the IPC to the extent it takes away the discretion of the Presiding Officer, and mandates punishment of imprisonment of life, where life connotes 'natural life'. Section 376DA of the Code reads, 

"Punishment for gang rape on woman under sixteen years of age.- Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine".

The validity of 376DB is also challenged, where death penalty is one of the options open to the Sentencing Court, is pending before the Court, informed the Advocate. Section 376DB of the Code reads, 

"Punishment for gang rape on woman under twelve years of age- Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine, or with death".

Both the provisions have been inserted to the Code, through the Criminal Amendment Act, 2018.

The Bench further directed the Union of India to file its response within 3 weeks.