Govt mulls making molestation non-bailable offence

Taking a lesson from the Ruchika case, the Government is considering making molestation a non-bailable, cognisable offence in which the accused can be arrested based on a complaint.

Taking a lesson from the Ruchika case, the Government is considering making molestation a non-bailable, cognisable offence in which the accused can be arrested based on a complaint.

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According to the draft of the proposed Sexual Crimes (Special Courts) Bill, 2010, the Law Ministry has proposed making molestation a cognisable, non-bailable offence.

So far, a person accused of molestation under Section 354 of the Indian Penal Code could be granted bail as the maximum punishment stipulated is less than three years.

"According to the preliminary draft, a person cannot be released on bail unless the public prosecutor is given a chance to oppose the bail plea.

In other words, a judge cannot deliver an ex parte judgement," a senior Law Ministry official told PTI.

He said the details are being worked out.

"We expect women organisations and other groups to provide more suggestions before the final draft is sent to the Home Ministry," he added.

Since creation of special courts would require amendments in the Code of Criminal Procedure, the matter comes under the Home Ministry.

Law Minister M Veerappa Moily had said that after going through the Ruchika case, he had decided to work on the new Bill which will help fast track disposing of cases of sexual crimes.

The Bill also proposes to set up TADA like fast track special courts to deal with such cases. These courts will have powers of a district court and hand down judgements within six months to one year.

The lighter punishment of six months in jail for molesting Ruchika and the immediate bail granted to former Haryana DGP S P S Rathore had created an uproar.