पिछली पोस्ट से आगे क्रिमिनल लॉ { अमेंडमेंट } ओरडीनन्स पूरी डिटेल में
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THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2013
Promulgated by the President in the Sixty-fourth Year of the Republic of
India.
An Ordinance further to amend the Indian Penal Code, the Code of
Criminal Procedure, 1973 and the Indian Evidence Act, 1872.
WHEREAS a Bill further to amend the Indian Penal Code, the Code of
Criminal Procedure, 1973 and the Indian Evidence Act, 1872 was
introduced in the House of the People and referred to the Department
related Parliamentary Standing Committee on Home Affairs for
examination and report which is pending;
AND WHEREAS Parliament is not in session and the President is
satisfied that circumstances exist which render it necessary for him to take
immediate action to give effect to the provisions of the said Bill with
certain modifications;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of
article 123 of the Constitution, the President is pleased to promulgate the
following Ordinance:––
CHAPTER I
PRELIMINARY
1. (1) This Ordinance may be called the Criminal Law (Amendment)
Ordinance, 2013.
Short title and
commencement.
(2) It shall come into force at once.
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CHAPTER II
AMENDMENTS TO THE INDIAN PENAL CODE
Amendment of
section 100.
2. In the Indian Penal Code (hereafter in this Chapter referred to as the
Penal Code), in section 100, in the clause Secondly, after the words
“grievous hurt”, the words “including the offence of grievous hurt
punishable under section 326A” shall be inserted.
45 of 1860.
Insertion of new
section 166A.
3. After section 166 of the Penal Code, the following section shall be
inserted, namely:––
Public servant
disobeying direction
under law.
“166A. Whoever, being a public servant,––
(a) knowingly disobeys any direction of the law which
prohibits him from requiring the attendance at any place of any
person for the purpose of investigation into an offence or any
other matter, or
(b) knowingly disobeys, to the prejudice of any person, any
other direction of the law regulating the manner in which he shall
conduct such investigation, or
(c) fails to record any information given to him under subsection
(1) of section 154 of the Code of Criminal Procedure,
1973 and in particular in relation to cognizable offence
punishable under s e c t i o n 354, section 354A, section 354B,
section 354C, sub-section (2) of section 354D, section 376,
section 376A, section 376B, s ection 376C, section 376D or
s ection 376E,
shall be punished with imprisonment for a term which may extend
to one year or with fine or with both.”.
2 of 1974.
Insertion of new
sections 326A and
326B.
4. After section 326 of the Penal Code, the following sections shall be
inserted, namely:––
Voluntarily causing
grievous hurt by
use of acid, etc.
‘326A. Whoever causes permanent or partial damage or
deformity to, or burns or maims or disfigures or disables, any part or
parts of the body of a person or causes grievous hurt by throwing acid
on or by administering acid to that person, or by using any other
means with the intention of causing or with the knowledge that he is
likely to cause such injury or hurt, shall be punished with
imprisonment of either description for a term which shall not be less
than ten years but which may extend to imprisonment for life and
with fine which may extend to ten lakh rupees:
Provided that any fine imposed under this section shall be given
to the person on whom acid was thrown or to whom acid was
administered.
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326B. Whoever throws or attempts to throw acid on any person or
attempts to administer acid to any person, or attempts to use any other
means, with the intention of causing permanent or partial damage or
deformity or burns or maiming or disfigurement or disability or
grievous hurt to that person, shall be punished with imprisonment of
either description for a term which shall not be less than five years but
which may extend to seven years, and shall also be liable to fine.
Explanation 1.–– For the purposes of section 326A and this
section, “acid” includes any substance which has acidic or
corrosive character or burning nature, that is capable of causing
bodily injury leading to scars or disfigurement or temporary or
permanent disability.
Explanation 2.–– “Permanent or partial damage” includes
deformity, or maiming, or burning, or disfiguring, or disabling
any part or parts of the body of a person.
Explanation 3.–– For the purposes of section 326A a n d
this section, permanent or partial damage or deformity shall
not be required to be irreversible.’.
Voluntarily
throwing or
attempting to
throw acid.
5. In section 354 of the Penal Code, for the words “shall be punished
with imprisonment of either description for a term which may extend to
two years, or with fine, or with both”, the words “shall be punished with
imprisonment of either description for a term of one year which may
extend to five years and shall also be liable to fine” shall be substituted.
Amendment of
section 354.
6. After section 354 of the Penal Code, the following sections shall be
inserted, namely:––
Insertion of new
sections 354A,
354B, 354C and
354D.
‘354A. (1) The following acts or behaviour shall constitute the
offence of sexual harassment––
(i) physical contact and advances involving unwelcome and
explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) forcibly showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal
conduct of sexual nature.
(2) Any person who commits the offence specified in
clause (i) or clause (ii) of sub-section (1) shall be punished
with rigorous imprisonment which may extend to five years, or
with fine, or with both.
Sexual
harassment and
punishment for
sexual harassment.
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(3) Any person who commits the offence specified in clause
(iii) or clause (iv) or clause (v) of sub-section (1) shall be punishable
with imprisonment of either description that may extend to one
year, or with fine, or with both.
Assault or use of
criminal force to
woman with
intent to disrobe.
354B. Whoever assaults or uses criminal force to any woman
or abets such act with the intention of disrobing or compelling her
to be naked in any public place, shall be punished with
imprisonment of either description for a term which shall not be less
than three years but which may extend to seven years and with fine.
Voyeurism. 354C. Whoever watches, or captures the image of, a woman
engaging in a private act in circumstances where she would usually
have the expectation of not being observed either by the perpetrator
or by any other person at the behest of the perpetrator shall be
punished on first conviction with imprisonment of either
description for a term which shall not be less than one year, but
which may extend to three years, and shall also be liable to fine, and
be punished on a second or subsequent conviction, with
imprisonment of either description for a term which shall not be
less than three years, but whi ch may extend to seven years, and
shall also be liable to fine.
Explanation 1.–– For the purposes of this section, “private act” includes an
act of watching carried out in a place which, in the circumstances,
would reasonably be expected to provide privacy, and where the
victim's genitals, buttocks or breasts are exposed or covered only
in underwear; or the victim is using a lavatory; or the person is
doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.–– Where the victim consents to the capture of
images or any act, but not to their dissemination to third persons
and where such image or act is disseminated, such
dissemination shall be considered an offence under this
section.
Stalking. 354D. (1) Whoever follows a person and contacts, or attempts to
contact such person to foster personal interaction repeatedly, despite
a clear indication of disinterest by such person, or whoever
monitors the use by a person of the internet, email or any other
form of electronic communication, or watches or spies on a person
in a manner that results in a fear of violence or serious alarm or
distress in the mind of such person, or interferes with the mental
peace of such person, commits the offence of stalking:
Provided that the course of conduct will not amount to
stalking if the person who pursued it shows––
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(i) that it was pursued for the purpose of preventing or
detecting crime and the person accused of stalking had been
entrusted with the responsibility of prevention and detection
of crime by the state; or
(ii) that it was pursued under any law or to comply with
any condition or requirement imposed by any person under any
law; or
(iii) that in the particular circumstances the pursuit of
the course of conduct was reasonable.
(2) Whoever commits the offence of stalking shall be punished
with imprisonment of either description for a term which shall
not be less than one year but which may extend to three years, and
shall also be liable to fine.’.
7. For section 370 of the Penal Code, the following sections shall be
substituted, namely:––
Substitution of
new sections 370
and 370A for
section 370.
‘370. (1) Whoever, for the purpose of exploitation, (a) recruits,
(b) transports, (c) harbours, (d) transfers, or (e) receives, a person or
persons, by––
First.–– using threats, or
Secondly.–– using force, or any other form of coercion, or
Thirdly.–– by abduction, or
Fourthly.–– by practising fraud, or deception, or
Fifthly.–– by abuse of power, or
Sixthly.–– by inducement, including the giving or
receiving of payments or benefits, in order to achieve the
consent of any person having control over the person
recruited, transported, harboured, transferred or received,
commits the offence of trafficking.
Explanation 1.–– The expression “exploitation” shall include,
prostitution or other forms of sexual exploitation, forced labour or
services, slavery or practices similar to slavery, servitude, or the
forced removal of organs.
Explanation 2.–– The consent of the victim is immaterial in a
determination of the offence of trafficking.
(2) Whoever commits the offence of trafficking shall be
punished with rigorous imprisonment for a term which shall not
be less than seven years, but which may extend to ten years, and shall
also be liable to fine.
Trafficking of
person.
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(3) Where the offence involves the trafficking of more than
one person, it shall be punishable with rigorous imprisonment for
a term which shall not be less than ten years but which may extend
to imprisonment for life, and shall also be liable to fine.
(4) Where the offence involves the trafficking of a minor, it
shall be punishable with rigorous imprisonment for a term which
shall not be less than ten years but which may extend to
imprisonment for life.
(5) Where the offence involves the trafficking of more than one
minor at the same time, it shall be punishable with rigorous
imprisonment for a term which shall not be less than fourteen years
but which may extend to imprisonment for life.
(6) When a public servant including police officer is involved
in the trafficking of a minor then such public servant shall be
punished with imprisonment for life, which shall mean the
remainder of that person’s natural life.
(7) If a person is convicted of the offence of trafficking of
minors, on more than one occasion, then such person shall be
punished with imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life.
Employing of a
trafficked person.
370A. (1) Whoever, despite knowing, or having reason to
believe that a child has been trafficked, employs such child in
any form of labour, shall be punished with rigorous
imprisonment for a term which shall not be less than five years but
wh i c h may extend to seven years, and with fine.
(2) Whoever, despite knowing or having reason to believe that
an adult has been trafficked, employs such adult for labour, shall
be punished with rigorous imprisonment for a term which shall
not be less than three years but which may extend to five years, and
shall also be liable to fine.’.
Substitution of new
sections for sections
375, 376, 376A,
376B, 376C and
376D.
8. For sections 375, 376, 376A, 376B, 376C and 376D of the Penal
Code, the following sections shall be substituted, namely:––
Sexual assault. ‘375. A person is said to commit “sexual assault” if that
person––
(a) penetrates his penis, to any extent, into the vagina, mouth
urethra or anus of another person or makes the person to do so
with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not
being the penis, into the vagina, the urethra or anus of another
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person or makes the person to do so with him or any other person;
or
(c) manipulates any part of the body of another person so as
to cause penetration into the vagina, urethra, anus or any part of
body of such person or makes the person to do so with him or
any other person; or
(d) applies his mouth to the penis, vagina, anus, urethra of
another person or makes such person to do so with him or any
other person;
(e) touches the vagina, penis, anus or breast of the person or
makes the person touch the vagina, penis, anus or breast of that
person or any other person,
except where such penetration or touching is carried out for proper
hygienic or medical purposes under the circumstances falling under
any of the following seven descriptions:––
First.–– Against the other person’s will.
Secondly. –– Without the other person’s consent.
Thirdly. –– With the other person’s consent when such consent
has been obtained by putting such other person or any person in
whom such other person is interested, in fear of death or of hurt.
Fourthly. –– When the person assaulted is a female, with her
consent, when the man knows that he is not her husband and that her
consent is given because she believes that he is another man to whom
she is or believes to be lawfully married.
Fifthly.–– With the consent of the other person when, at the time
of giving such consent, by reason of unsoundness of mind or
intoxication or the administration by that person personally or through
another of any stupefying or unwholesome substance, the other
person is unable to understand the nature and consequences of that
action to which such other person gives consent.
Sixthly. –– With or without the other person’s consent, when such
other person is under eighteen years of age.
Seventhly. –– When the person is unable to communicate
consent.
Explanation 1.–– Penetration to any extent is “penetration” for
the purposes of this section.
Explanation 2.–– For the purposes of this section, “vagina” shall
also include labia majora.
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Explanation 3.–– Consent means an unequivocal voluntary
agreement when the person by words, gestures or any form of
non-verbal communication, communicates willingness to
participate in the specific act:
Provided that, a person who does not physically resist to the
act of penetration shall not by the reason only of that fact, be
regarded as consenting to the sexual activity.
Exception.–– Sexual intercourse or sexual acts by a man with his
own wife, the wife not being under sixteen years of age, is not sexual
assault.
Punishment for
sexual assault.
376. (1) Whoever, except in the cases provided for by sub-section
(2), commits sexual assault, shall be punished with rigorous
imprisonment of either description for a term which shall not be less
than seven years but which may extend to imprisonment for life, and
shall also be liable to fine.
(2) Whoever,––
(a) being a police officer, commits sexual assault –
(i) within the limits of the police station to which such
police officer is appointed; or
(ii) in the premises of any station house; or
(iii) on a person in such police officer’s custody or in
the custody of a police officer subordinate to such police
officer; or
(b) being a public servant, commits sexual assault on a person
in such public servant’s custody or in the custody of a public
servant subordinate to such public servant; or
(c) being a member of the armed forces is in the area by
virtue of deployment by the Central or a State Government,
commits sexual assault; or
(d) being on the management or on the staff of a jail, remand
home or other place of custody established by or under any law
for the time being in force or of a women’s or children’s
institution, commits sexual assault on any inmate of such jail,
remand home, place or institution; or
(e) being on the management or on the staff of a hospital,
commits sexual assault on a person in that hospital; or
(f) being a relative, guardian or teacher of, or a person in a
position of trust or authority towards, the person assaulted,
commits sexual assault on such person; or
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5 of 1861.
(g) commits sexual assault on a woman knowing her to be
pregnant; or
(h) commits sexual assault on a person when such person is
under eighteen years of age; or
(i) commits sexual assault, where the person assaulted is
incapable of giving consent; or
(j) being in a position of economic or social dominance,
commits sexual assault on a person under such dominance; or
(k) commits sexual assault on a person suffering from mental
or physical disability; or
(l) while committing sexual assault causes grievous bodily
harm or maims or disfigures or endangers the life of a person; or
(m) commits persistent sexual assault,
shall be punished with rigorous imprisonment for a term which shall
not be less than ten years but which may extend to imprisonment for
life, and shall also be liable to fine.
Explanation 1.–– For the purposes of this sub-section,––
(a) “women’s or children’s institution” means an institution,
whether called an orphanage or a home for neglected women or
children or a widow’s home or an institution called by any other
name, which is established and maintained for the reception and
care of women or children;
(b) “hospital” means the precincts of the hospital and includes
the precincts of any institution for the reception and treatment of
persons during convalescence or of persons requiring medical
attention or rehabilitation;
(c) “police officer” shall have the same meaning as assigned
to the expression “police” under the Police Act, 1861;
(d) “armed forces” means the naval, military and air forces
and includes any member of the Armed Forces constituted
under any Act for the time being in force, including the
paramilitary forces and any auxiliary forces that are under the
control of the Central Government or the State Government.
Explanation 2.–– Where a person is subjected to sexual assault by
one or more persons in a group of persons acting in furtherance of
their common intention, each of the persons in the group shall be
deemed to have committed sexual assault within the meaning of this
sub-section.
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Punishment for
causing death or
resulting in
persistent vegetative
state of the victim.
376A. Whoever, commits an offence punishable under s u b -
s e c t i o n ( 1 ) o r s u b - s e c t i o n ( 2 ) o f section 376 and in the
course of such commission inflicts an injury which causes the death
of the person or causes the person to be in a persistent vegetative
state, shall be punished with rigorous imprisonment for a term
which shall not be less than twenty years, but wh i c h may extend
to imprisonment for life, which shall mean the remainder of that
person’s natural life, or with death.
Sexual assault by
husband upon his
wife during
separation.
376B. Whoever commits sexual assault on his own wife, who is
living separately under a decree of separation or under any custom or
usage, without her consent, shall be punished with imprisonment of
either description, for a term which shall not be less than two years
but which may extend to seven years, and shall also be liable to fine.
Sexual intercourse
by a person in
authority.
376C. Whoever,––
(a) being in a position of authority or in a fiduciary
relationship; or
(b) a public servant; or
(c) superintendent or manager of a jail, remand home or other
place of custody established by or under any law for the time
being in force, or a women’s or children’s institution; or
(d) being on the management of a hospital or being on the
staff of a hospital,
and abuses such position or fiduciary relationship to induce or seduce
any person either in the first mentioned person’s custody or under the
first mentioned person’s charge or present in the premises and has
sexual intercourse with that person, such sexual intercourse not
amounting to the offence of sexual assault, shall be punished with
rigorous imprisonment of either description for a term which shall not
be less than five years but which may extend to ten years, and shall
also be liable to fine.
Explanation 1.–– In this section, “sexual intercourse” shall mean
any of the acts mentioned in clauses (a) to (c) of section 375.
Explanation 2. –– For the purposes of this section, Explanations 1
and 2 to section 375 shall also be applicable.
Explanation 3.–– “Superintendent”, in relation to a jail, remand
home or other place of custody or a women’s or children’s institution,
includes a person holding any other office in such jail, remand home,
place or institution by virtue of which such person can exercise any
authority or control over its inmates.
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Explanation 4.–– The expressions “hospital” and “women’s or
children’s institution” shall respectively have the same meaning as in
Explanation 1 to sub-section (2) of section 376.
376D. Where a person is sexually assaulted 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 sexual assault, regardless of gender and shall be
punished with rigorous imprisonment for a term which shall not
be less than twenty years, but which may extend to life and
shall pay compensation to the victim which shall be reasonable to
meet the medical expenses and rehabilitation of the victim.
Explanation.–– For the purposes of this section, imprisonment
for life shall mean imprisonment for the remainder of that person’s
natural life.
Sexual assault by
gang.
376E. Whoever has been previously convicted of an offence
punishable under section 376 or section 376A or section 376C or
section 376D and is subsequently convicted of an offence
punishable under any of the said sections shall be punished with
imprisonment for life, which shall mean the remainder of that
person’s natural life or with death.’.
Punishment for
repeat offenders.
9. In section 509 of the Penal Code, for the words “shall be punished
with simple imprisonment for a term which may extend to one year, or
with fine, or with both”, the words “shall be punished with simple
imprisonment for a term which may extend to three years and shall also be
liable to fine” shall be substituted.
Amendment of
section 509.
CHAPTER III
AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973.
2 of 1974. 10. In the Code of Criminal Procedure, 1973 (hereafter in this
Chapter referred to as the Code of Criminal Procedure), in section 54A,
the following proviso shall be inserted, namely:––
Amendment of
section 54A.
“Provided that, if the person identifying the person arrested is
mentally or physically disabled, such process of identification
shall take place under the supervision of a Judicial Magistrate
who shall take appropriate steps to ensure that such person
identifies the person arrested using methods that the person is
comfortable with:
Provided further, that if the person identifying the person
arrested is mentally or physically disabled, the identification process
may be videographed.”.
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Amendment of
section 154
11. In section 154 of the Code of Criminal Procedure, in sub-section
(1), the following provisos shall be inserted, namely:––
.
“Provided that if the information is given by the woman against
whom an offence under section 326A, section 326B, section 354,
section 375, section 376, section 376A, section 376B, section 376C,
section 376D, section 376E and section 509 of the Indian Penal Code
is alleged to have been committed or attempted, then such information
shall be recorded, as far as possible, by a woman police officer and
such woman shall be provided legal assistance and also the
assistance of a healthcare worker or women’s organisation or both:
Provided further that––
(a) in the event that the person against whom an offence
under s ection 354, section 354A, section 354B, s ection 354C,
section 354D, sub-section (1) or sub-section (2) of section
376, section 376A, section 376B, section 376C, section 376D or
section 376E of the Indian Penal Code is alleged to have been
committed or attempted is temporarily or permanently mentally
or physically disabled, then such information shall be recorded
by a police officer, at the residence of the person seeking to
report such offence or at a convenient place of such person’s
choice, in the presence of a special educator or an interpreter, as the
case may be;
(b) the recording of such information may be videographed.
(c) the police officer shall get the statement of the
person recorded by a Judicial Magistrate under clause (a) of
sub-section (5A) of section 164 as soon as possible.”.
45 of 1860.
45 of 1860.
Amendment of
section 160.
12. In section 160 of the Code of Criminal Procedure, in sub-section
(1), in the proviso, for the words “under the age of fifteen years or
woman”, the words “under the age of eighteen years or above the age of
sixty-five years or a woman or a physically or mentally disabled person”
shall be substituted.
Amendment of
section 161.
13. In section 161 of the Code of Criminal Procedure, in sub-section
(3), after the proviso, the following proviso shall be inserted, namely:––
“Provided further that the statement of a woman against whom an
offence under section 354, section 354A, section 354B, section 354C,
section 354D, section 375, section 376, section 376A, section 376B,
section 376C, section 376D, section 376E or section 509 of the Indian
Penal Code is alleged to have been committed or attempted shall be
recorded, as far as possible, by a woman police officer.”.
45 of 1860.
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14. In section 164 of the Code of Criminal Procedure, after sub-section
(5), the following sub-section shall be inserted, namely:––
Amendment of
section 164.
45 of 1860.
1 of 1872.
“(5A) (a) In cases punishable under section 354, section
354A, section 354B, sub-section (2) of section 354C, sub-section (1)
or sub-section (2) of section 376, section 376A, section 376B,
section 376C, section 376D or section 376E of the Indian Penal Code,
the Judicial Magistrate shall record the statement of the person against
whom such offence has been committed in the manner prescribed in
sub-section (5), as soon as the commission of the offence is brought to
the notice of the police:
Provided that if the person making the statement is temporarily or
permanently physically or mentally disabled, the Magistrate shall take
the assistance of an interpreter or a special educator in recording the
statement:
Provided further that if the person making the statement is
temporarily or permanently physically or mentally disabled, the
statement made by the person, with the assistance of an interpreter or
special educator, may be videographed;
(b) a statement recorded under clause (a) of a person who is
temporarily or permanently physically or mentally disabled shall be
considered a statement in lieu of examination-in-chief, as specified in
section 137 of the Indian Evidence Act, 1872 such that the maker of
the statement can be cross-examined on such statement, without the
need for recording the same at the time of trial.
15. After section 198A of the Code of Criminal Procedure, the
following section shall be inserted, namely:––
Insertion of new
section 198B.
45 of 1860.
“198B. No Court shall take cognizance of an offence under
s ection 376B of the Indian Penal Code where the persons are in a
marital relationship, except upon prima facie satisfaction of the facts
which constitute the offence upon a complaint having been filed or
made by the wife against the accused husband.”.
Cognizance of
offence.
16. In section 273 of the Code of Criminal Procedure, before the
Explanation, the following proviso shall be inserted, namely:––
Amendment of
section 273.
“Provided that where the evidence of a person below the age of
eighteen years who is alleged to have been subjected to sexual assault
or any other sexual offence, is to be recorded, the court may take
appropriate measures to ensure that such person is not confronted by
the accused while at the same time ensuring the right of crossexamination
of the accused.”.
17. In section 327 of the Code of Criminal Procedure, in sub-section
(2), for the words, figures and letters “trial of rape or an offence under
Amendment of
section 327.
14
section 376, section 376A, section 376B, section 376C or section 376D of
the Indian Penal Code”, the words, figures and letters “trial of sexual
assault or an offence under section 376, section 376A, section 376B,
section 376C, section 376D or section 376E of the Indian Penal Code”
shall be substituted.
Amendment of First
Schedule.
18. In the First Schedule to the Code of Criminal Procedure, under the
heading “1.-OFFENCES UNDER THE INDIAN PENAL CODE”,––
(a) after the entries relating to section 166, the following entries shall
be inserted, namely:––
1 2 3 4 5 6
“166A Public servant
disobeying
direction under
law
Imprisonment
for one year
or fine or with
both
Noncognizable
Bailable Magistrate
of the first
class”;
(b) after the entries relating to section 326, the following entries shall
be inserted, namely:––
1 2 3 4 5 6
“326A Voluntarily
causing
grievous hurt
by use of
acid, etc.
Imprisonment for
not less than ten
years but which
may extend to
imprisonment for
life and fine of 10
lakh rupees.
Cognizable Nonbailable
Court of
Session.
326B Voluntarily
throwing or
attempting to
throw acid.
Imprisonment for
five years but which
may extend to seven
years and fine.
Cognizable Nonbailable
Court of
Session.”.
(c) for the entries relating to section 354, the following entries shall be
substituted, namely:––
1 2 3 4 5 6
“354 Assault or use
of criminal
force to woman
with intent to
outrage her
modesty.
Imprisonment of
1 year which
may extend to 5
years, and with
fine.
Cognizable Nonbailable
Any
Magistrate.
15
354A (1) Sexual
harassment of the
nature of
unwelcome
physical contact
and advances or a
demand or
request for sexual
favours.
Imprisonment
which may
extend to 5
years or with
fine or with
both.
Cognizable Nonbailable
Any
Magistrate.
(2) Sexual
harassment of the
nature of making
sexually coloured
remark or
showing
pornography or
any other
unwelcome
physical, verbal
or non-verbal
conduct of sexual
nature.
Imprisonment
which may
extend to 1 year
or with fine or
with both.
Noncognizable
Bailable Any
Magistrate.
354B Assault or use of
criminal force to
woman with
intent to disrobe.
Imprisonment of
not less than 3
years but which
may extend to 7
years and with
fine.
Cognizable Nonbailable
Any
Magistrate.
354C Voyeurism. Imprisonment of
not less than 1
year but which
may extend to 3
years and with
fine for first
conviction.
Imprisonment of
not less than 3
year but which
may extend to 7
years and with
fine for second
or subsequent
conviction.
Noncognizable
Cognizable
Bailable
Nonbailable
Any
Magistrate.
Any
Magistrate.
354D Stalking. Imprisonment of
not less than 1
year but which
may extend to 3
years and with
fine.
Cognizable Nonbailable
Any
Magistrate.”.
16
(d) for the entries relating to sections 370, the following entries shall
be substituted, namely:––
1 2 3 4 5 6
“370 (1)Trafficking
of person.
Imprisonment of not
less than 7 years but
which may extend to
10 years and with
fine.
Cognizable Nonbailable
Court of
Session.
(2) Trafficking
of more than
one person.
Imprisonment of not
less than 10 years but
which may extend to
imprisonment for life
and with fine.
Cognizable Nonbailable
Court of
Session.
(3) Trafficking
of a minor.
Imprisonment of not
less than 10 years but
which may extend to
imprisonment for
life.
Cognizable Nonbailable
Court of
Session.
(4) Trafficking
of more than
one minor.
Imprisonment of not
less than 14 years but
which may extend to
imprisonment for
life.
Cognizable Nonbailable
Court of
Session.
(5) Public
servant or a
police officer
involved in
trafficking of
minor.
Imprisonment for life
which shall mean the
remainder of that
person’s natural life.
Cognizable Nonbailable
Court of
Session.
(6) Person
convicted of
offence of
trafficking of
minor on more
than one
occasion.
Imprisonment for life
which shall mean the
remainder of that
person’s natural life.
Cognizable Nonbailable
Court of
Session.
370A (1) Employing
of a trafficked
child.
Imprisonment of not
less than 5 years but
which may extend to
7 years and with fine.
Cognizable Nonbailable
Court of
Session.
(2) Employing
of a trafficked
adult person.
Imprisonment of not
less than 3 years but
which may extend to
7 years and with fine.
Cognizable Nonbailable
Court of
Session.”.
17
(e) for the entries relating to sections 376, 376A, 376B, 376C and
376D, the following entries shall be substituted, namely:––
1 2 3 4 5 6
376 (1) Sexual
assault.
Rigorous
imprisonment
of not less than
7 years but
which may
extend to
imprisonment
for life and
with fine.
Cognizable Nonbailable
Court of
Session.
(2) Sexual
assault by a
police
officer or a
public
servant or
Member of
armed forces
or a person
being on the
management
or on the
staff of a
jail, remand
home or
other place
of custody
or women’s
or children’s
institution or
by a person
on the
management
or on the
staff of a
hospital, and
sexual
assault
committed
by a person
in a position
of trust or
authority
towards the
person
assaulted or
Rigorous
imprisonment
of not less than
10 years but
which may
extend to
imprisonment
for life and
with fine.
Cognizable Nonbailable
Court of
Session.
18
by a near
relative of
the person
assaulted.
376A Person
committing
an offence
of sexual
assault and
inflicting
injury which
causes death
or causes the
person to be
in a
persistent
vegetative
state.
Rigorous
imprisonment
of not less than
20 years but
which may
extend to
imprisonment
for life which
shall mean the
remainder of
that person’s
natural life or
with death.
Cognizable Nonbailable
Court of
Session.
376B Sexual
assault by
the husband
upon his
wife during
separation.
Imprisonment
for not less
than 2 years
but which may
extend to 7
years and with
fine.
Cognizable
(but only
on the
complaint
of the
victim)
Nonbailable
Court of
Session.
376C Sexual
intercourse
by a person
in authority.
Rigorous
imprisonment
for not less
than 5 years
but which may
extend to 10
years and with
fine.
Cognizable Nonbailable
Court of
Session.
376D Sexual
assault by
gang.
Rigorous
imprisonment
for not less
than 20 years
but which may
extend to
imprisonment
for life which
shall mean the
remainder of
that person’s
natural life and
compensation
to the victim.
Cognizable Nonbailable
Court of
Session.
19
376E Repeat
offenders.
Imprisonment
for life which
shall mean the
remainder of
that person’s
natural life or
with death.
Cognizable Nonbailable
Court of
Session.”.
(f) entry relating to section 509, in column 3, for the words “Simple
imprisonment for one year, or fine, or both,”, the words “Simple
imprisonment for 3 years and with fine” shall be substituted.
CHAPTER IV
AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872
1 of 1872. 19. After section 53 of the Indian Evidence Act, 1872 (hereafter in this
Chapter referred to as the Evidence Act), the following section shall be
inserted, namely:––
Insertion of new
section 53A.
45 of 1860. “53A. In a prosecution for an offence under section 354, section
354A, section 354B, section 354C, sub-section (1) or sub-section (2) of
section 376, section 376A, section 376B, s ection 376C, section
376D or section 376E of the Indian Penal Code or for attempt to
commit any such offence, where the question of consent is in issue,
evidence of the character of the victim or of such person’s previous
sexual experience with any person shall not be relevant on the issue of
such consent or the quality of consent.”.
Evidence of
character or
previous sexual
experience not
relevant in
certain cases.
20. For section 114A of the Evidence Act, the following section shall
be substituted, namely:––
Substitution of
new section for
section 114A.
45 of 1860.
45 of 1860.
‘114A. In a prosecution for sexual assault under clause (a), clause
(b), clause (c), clause (d), clause (e), clause (f), clause (g), clause (h),
clause (i), clause (j), clause (k), clause (l) or clause (m) of sub-section
(2) of section 376 of the Indian Penal Code, where sexual intercourse
by the accused is proved and the question is whether it was without the
consent of the other person alleged to have been sexually assaulted and
such other person states in that person’s evidence before the court that
such person did not consent, the court shall presume that such person
did not consent.
Explanation.–– In this section “sexual intercourse” shall mean any
of the acts mentioned in clauses (a) to (c) of section 375 of the Indian
Penal Code.’.
Presumption as
to absence of
consent in certain
prosecution for
sexual assault.
21. For section 119 of the Evidence Act, the following section shall
be substituted, namely:––
Substitution of
new section for
section 119.
“119. A witness who is unable to speak may give his evidence in
any other manner in which he can make it intelligible, as by writing or
Witness unable
to communicate
verbally.
20
by signs; but such writing must be written and the signs made in open
Court, evidence so given shall be deemed to be oral evidence:
Provided that if the witness is unable to communicate verbally,
the Court shall take the assistance of a special educator or
interpreter in recording the statement, and such statement may be
videographed.”.
Amendment of
section 146.
22. In section 146 of the Evidence Act, for the proviso, the following
proviso shall be substituted, namely:––
“Provided that in a prosecution for an offence under sub-section
(1) or sub-section (2) of section 376, section 376A, section 376B,
section 376C, section 376D or section 376E of the Indian Penal Code
or for attempt to commit any such offence, where the question of
consent is an issue, it shall not be permissible to adduce evidence or to
put questions in the cross-examination of the victim as to the general
immoral character, or previous sexual experience, of such victim with
any person for proving such consent or the quality of consent.”.
45 of 1860.
President.
लिंक पीडीअफ मे हैं डाउन लोड करके पढ़ा जा सकता हैं डाउनलोड करिये
1
THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2013
Promulgated by the President in the Sixty-fourth Year of the Republic of
India.
An Ordinance further to amend the Indian Penal Code, the Code of
Criminal Procedure, 1973 and the Indian Evidence Act, 1872.
WHEREAS a Bill further to amend the Indian Penal Code, the Code of
Criminal Procedure, 1973 and the Indian Evidence Act, 1872 was
introduced in the House of the People and referred to the Department
related Parliamentary Standing Committee on Home Affairs for
examination and report which is pending;
AND WHEREAS Parliament is not in session and the President is
satisfied that circumstances exist which render it necessary for him to take
immediate action to give effect to the provisions of the said Bill with
certain modifications;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of
article 123 of the Constitution, the President is pleased to promulgate the
following Ordinance:––
CHAPTER I
PRELIMINARY
1. (1) This Ordinance may be called the Criminal Law (Amendment)
Ordinance, 2013.
Short title and
commencement.
(2) It shall come into force at once.
2
CHAPTER II
AMENDMENTS TO THE INDIAN PENAL CODE
Amendment of
section 100.
2. In the Indian Penal Code (hereafter in this Chapter referred to as the
Penal Code), in section 100, in the clause Secondly, after the words
“grievous hurt”, the words “including the offence of grievous hurt
punishable under section 326A” shall be inserted.
45 of 1860.
Insertion of new
section 166A.
3. After section 166 of the Penal Code, the following section shall be
inserted, namely:––
Public servant
disobeying direction
under law.
“166A. Whoever, being a public servant,––
(a) knowingly disobeys any direction of the law which
prohibits him from requiring the attendance at any place of any
person for the purpose of investigation into an offence or any
other matter, or
(b) knowingly disobeys, to the prejudice of any person, any
other direction of the law regulating the manner in which he shall
conduct such investigation, or
(c) fails to record any information given to him under subsection
(1) of section 154 of the Code of Criminal Procedure,
1973 and in particular in relation to cognizable offence
punishable under s e c t i o n 354, section 354A, section 354B,
section 354C, sub-section (2) of section 354D, section 376,
section 376A, section 376B, s ection 376C, section 376D or
s ection 376E,
shall be punished with imprisonment for a term which may extend
to one year or with fine or with both.”.
2 of 1974.
Insertion of new
sections 326A and
326B.
4. After section 326 of the Penal Code, the following sections shall be
inserted, namely:––
Voluntarily causing
grievous hurt by
use of acid, etc.
‘326A. Whoever causes permanent or partial damage or
deformity to, or burns or maims or disfigures or disables, any part or
parts of the body of a person or causes grievous hurt by throwing acid
on or by administering acid to that person, or by using any other
means with the intention of causing or with the knowledge that he is
likely to cause such injury or hurt, shall be punished with
imprisonment of either description for a term which shall not be less
than ten years but which may extend to imprisonment for life and
with fine which may extend to ten lakh rupees:
Provided that any fine imposed under this section shall be given
to the person on whom acid was thrown or to whom acid was
administered.
3
326B. Whoever throws or attempts to throw acid on any person or
attempts to administer acid to any person, or attempts to use any other
means, with the intention of causing permanent or partial damage or
deformity or burns or maiming or disfigurement or disability or
grievous hurt to that person, shall be punished with imprisonment of
either description for a term which shall not be less than five years but
which may extend to seven years, and shall also be liable to fine.
Explanation 1.–– For the purposes of section 326A and this
section, “acid” includes any substance which has acidic or
corrosive character or burning nature, that is capable of causing
bodily injury leading to scars or disfigurement or temporary or
permanent disability.
Explanation 2.–– “Permanent or partial damage” includes
deformity, or maiming, or burning, or disfiguring, or disabling
any part or parts of the body of a person.
Explanation 3.–– For the purposes of section 326A a n d
this section, permanent or partial damage or deformity shall
not be required to be irreversible.’.
Voluntarily
throwing or
attempting to
throw acid.
5. In section 354 of the Penal Code, for the words “shall be punished
with imprisonment of either description for a term which may extend to
two years, or with fine, or with both”, the words “shall be punished with
imprisonment of either description for a term of one year which may
extend to five years and shall also be liable to fine” shall be substituted.
Amendment of
section 354.
6. After section 354 of the Penal Code, the following sections shall be
inserted, namely:––
Insertion of new
sections 354A,
354B, 354C and
354D.
‘354A. (1) The following acts or behaviour shall constitute the
offence of sexual harassment––
(i) physical contact and advances involving unwelcome and
explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) forcibly showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal
conduct of sexual nature.
(2) Any person who commits the offence specified in
clause (i) or clause (ii) of sub-section (1) shall be punished
with rigorous imprisonment which may extend to five years, or
with fine, or with both.
Sexual
harassment and
punishment for
sexual harassment.
4
(3) Any person who commits the offence specified in clause
(iii) or clause (iv) or clause (v) of sub-section (1) shall be punishable
with imprisonment of either description that may extend to one
year, or with fine, or with both.
Assault or use of
criminal force to
woman with
intent to disrobe.
354B. Whoever assaults or uses criminal force to any woman
or abets such act with the intention of disrobing or compelling her
to be naked in any public place, shall be punished with
imprisonment of either description for a term which shall not be less
than three years but which may extend to seven years and with fine.
Voyeurism. 354C. Whoever watches, or captures the image of, a woman
engaging in a private act in circumstances where she would usually
have the expectation of not being observed either by the perpetrator
or by any other person at the behest of the perpetrator shall be
punished on first conviction with imprisonment of either
description for a term which shall not be less than one year, but
which may extend to three years, and shall also be liable to fine, and
be punished on a second or subsequent conviction, with
imprisonment of either description for a term which shall not be
less than three years, but whi ch may extend to seven years, and
shall also be liable to fine.
Explanation 1.–– For the purposes of this section, “private act” includes an
act of watching carried out in a place which, in the circumstances,
would reasonably be expected to provide privacy, and where the
victim's genitals, buttocks or breasts are exposed or covered only
in underwear; or the victim is using a lavatory; or the person is
doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.–– Where the victim consents to the capture of
images or any act, but not to their dissemination to third persons
and where such image or act is disseminated, such
dissemination shall be considered an offence under this
section.
Stalking. 354D. (1) Whoever follows a person and contacts, or attempts to
contact such person to foster personal interaction repeatedly, despite
a clear indication of disinterest by such person, or whoever
monitors the use by a person of the internet, email or any other
form of electronic communication, or watches or spies on a person
in a manner that results in a fear of violence or serious alarm or
distress in the mind of such person, or interferes with the mental
peace of such person, commits the offence of stalking:
Provided that the course of conduct will not amount to
stalking if the person who pursued it shows––
5
(i) that it was pursued for the purpose of preventing or
detecting crime and the person accused of stalking had been
entrusted with the responsibility of prevention and detection
of crime by the state; or
(ii) that it was pursued under any law or to comply with
any condition or requirement imposed by any person under any
law; or
(iii) that in the particular circumstances the pursuit of
the course of conduct was reasonable.
(2) Whoever commits the offence of stalking shall be punished
with imprisonment of either description for a term which shall
not be less than one year but which may extend to three years, and
shall also be liable to fine.’.
7. For section 370 of the Penal Code, the following sections shall be
substituted, namely:––
Substitution of
new sections 370
and 370A for
section 370.
‘370. (1) Whoever, for the purpose of exploitation, (a) recruits,
(b) transports, (c) harbours, (d) transfers, or (e) receives, a person or
persons, by––
First.–– using threats, or
Secondly.–– using force, or any other form of coercion, or
Thirdly.–– by abduction, or
Fourthly.–– by practising fraud, or deception, or
Fifthly.–– by abuse of power, or
Sixthly.–– by inducement, including the giving or
receiving of payments or benefits, in order to achieve the
consent of any person having control over the person
recruited, transported, harboured, transferred or received,
commits the offence of trafficking.
Explanation 1.–– The expression “exploitation” shall include,
prostitution or other forms of sexual exploitation, forced labour or
services, slavery or practices similar to slavery, servitude, or the
forced removal of organs.
Explanation 2.–– The consent of the victim is immaterial in a
determination of the offence of trafficking.
(2) Whoever commits the offence of trafficking shall be
punished with rigorous imprisonment for a term which shall not
be less than seven years, but which may extend to ten years, and shall
also be liable to fine.
Trafficking of
person.
6
(3) Where the offence involves the trafficking of more than
one person, it shall be punishable with rigorous imprisonment for
a term which shall not be less than ten years but which may extend
to imprisonment for life, and shall also be liable to fine.
(4) Where the offence involves the trafficking of a minor, it
shall be punishable with rigorous imprisonment for a term which
shall not be less than ten years but which may extend to
imprisonment for life.
(5) Where the offence involves the trafficking of more than one
minor at the same time, it shall be punishable with rigorous
imprisonment for a term which shall not be less than fourteen years
but which may extend to imprisonment for life.
(6) When a public servant including police officer is involved
in the trafficking of a minor then such public servant shall be
punished with imprisonment for life, which shall mean the
remainder of that person’s natural life.
(7) If a person is convicted of the offence of trafficking of
minors, on more than one occasion, then such person shall be
punished with imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life.
Employing of a
trafficked person.
370A. (1) Whoever, despite knowing, or having reason to
believe that a child has been trafficked, employs such child in
any form of labour, shall be punished with rigorous
imprisonment for a term which shall not be less than five years but
wh i c h may extend to seven years, and with fine.
(2) Whoever, despite knowing or having reason to believe that
an adult has been trafficked, employs such adult for labour, shall
be punished with rigorous imprisonment for a term which shall
not be less than three years but which may extend to five years, and
shall also be liable to fine.’.
Substitution of new
sections for sections
375, 376, 376A,
376B, 376C and
376D.
8. For sections 375, 376, 376A, 376B, 376C and 376D of the Penal
Code, the following sections shall be substituted, namely:––
Sexual assault. ‘375. A person is said to commit “sexual assault” if that
person––
(a) penetrates his penis, to any extent, into the vagina, mouth
urethra or anus of another person or makes the person to do so
with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not
being the penis, into the vagina, the urethra or anus of another
7
person or makes the person to do so with him or any other person;
or
(c) manipulates any part of the body of another person so as
to cause penetration into the vagina, urethra, anus or any part of
body of such person or makes the person to do so with him or
any other person; or
(d) applies his mouth to the penis, vagina, anus, urethra of
another person or makes such person to do so with him or any
other person;
(e) touches the vagina, penis, anus or breast of the person or
makes the person touch the vagina, penis, anus or breast of that
person or any other person,
except where such penetration or touching is carried out for proper
hygienic or medical purposes under the circumstances falling under
any of the following seven descriptions:––
First.–– Against the other person’s will.
Secondly. –– Without the other person’s consent.
Thirdly. –– With the other person’s consent when such consent
has been obtained by putting such other person or any person in
whom such other person is interested, in fear of death or of hurt.
Fourthly. –– When the person assaulted is a female, with her
consent, when the man knows that he is not her husband and that her
consent is given because she believes that he is another man to whom
she is or believes to be lawfully married.
Fifthly.–– With the consent of the other person when, at the time
of giving such consent, by reason of unsoundness of mind or
intoxication or the administration by that person personally or through
another of any stupefying or unwholesome substance, the other
person is unable to understand the nature and consequences of that
action to which such other person gives consent.
Sixthly. –– With or without the other person’s consent, when such
other person is under eighteen years of age.
Seventhly. –– When the person is unable to communicate
consent.
Explanation 1.–– Penetration to any extent is “penetration” for
the purposes of this section.
Explanation 2.–– For the purposes of this section, “vagina” shall
also include labia majora.
8
Explanation 3.–– Consent means an unequivocal voluntary
agreement when the person by words, gestures or any form of
non-verbal communication, communicates willingness to
participate in the specific act:
Provided that, a person who does not physically resist to the
act of penetration shall not by the reason only of that fact, be
regarded as consenting to the sexual activity.
Exception.–– Sexual intercourse or sexual acts by a man with his
own wife, the wife not being under sixteen years of age, is not sexual
assault.
Punishment for
sexual assault.
376. (1) Whoever, except in the cases provided for by sub-section
(2), commits sexual assault, shall be punished with rigorous
imprisonment of either description for a term which shall not be less
than seven years but which may extend to imprisonment for life, and
shall also be liable to fine.
(2) Whoever,––
(a) being a police officer, commits sexual assault –
(i) within the limits of the police station to which such
police officer is appointed; or
(ii) in the premises of any station house; or
(iii) on a person in such police officer’s custody or in
the custody of a police officer subordinate to such police
officer; or
(b) being a public servant, commits sexual assault on a person
in such public servant’s custody or in the custody of a public
servant subordinate to such public servant; or
(c) being a member of the armed forces is in the area by
virtue of deployment by the Central or a State Government,
commits sexual assault; or
(d) being on the management or on the staff of a jail, remand
home or other place of custody established by or under any law
for the time being in force or of a women’s or children’s
institution, commits sexual assault on any inmate of such jail,
remand home, place or institution; or
(e) being on the management or on the staff of a hospital,
commits sexual assault on a person in that hospital; or
(f) being a relative, guardian or teacher of, or a person in a
position of trust or authority towards, the person assaulted,
commits sexual assault on such person; or
9
5 of 1861.
(g) commits sexual assault on a woman knowing her to be
pregnant; or
(h) commits sexual assault on a person when such person is
under eighteen years of age; or
(i) commits sexual assault, where the person assaulted is
incapable of giving consent; or
(j) being in a position of economic or social dominance,
commits sexual assault on a person under such dominance; or
(k) commits sexual assault on a person suffering from mental
or physical disability; or
(l) while committing sexual assault causes grievous bodily
harm or maims or disfigures or endangers the life of a person; or
(m) commits persistent sexual assault,
shall be punished with rigorous imprisonment for a term which shall
not be less than ten years but which may extend to imprisonment for
life, and shall also be liable to fine.
Explanation 1.–– For the purposes of this sub-section,––
(a) “women’s or children’s institution” means an institution,
whether called an orphanage or a home for neglected women or
children or a widow’s home or an institution called by any other
name, which is established and maintained for the reception and
care of women or children;
(b) “hospital” means the precincts of the hospital and includes
the precincts of any institution for the reception and treatment of
persons during convalescence or of persons requiring medical
attention or rehabilitation;
(c) “police officer” shall have the same meaning as assigned
to the expression “police” under the Police Act, 1861;
(d) “armed forces” means the naval, military and air forces
and includes any member of the Armed Forces constituted
under any Act for the time being in force, including the
paramilitary forces and any auxiliary forces that are under the
control of the Central Government or the State Government.
Explanation 2.–– Where a person is subjected to sexual assault by
one or more persons in a group of persons acting in furtherance of
their common intention, each of the persons in the group shall be
deemed to have committed sexual assault within the meaning of this
sub-section.
10
Punishment for
causing death or
resulting in
persistent vegetative
state of the victim.
376A. Whoever, commits an offence punishable under s u b -
s e c t i o n ( 1 ) o r s u b - s e c t i o n ( 2 ) o f section 376 and in the
course of such commission inflicts an injury which causes the death
of the person or causes the person to be in a persistent vegetative
state, shall be punished with rigorous imprisonment for a term
which shall not be less than twenty years, but wh i c h may extend
to imprisonment for life, which shall mean the remainder of that
person’s natural life, or with death.
Sexual assault by
husband upon his
wife during
separation.
376B. Whoever commits sexual assault on his own wife, who is
living separately under a decree of separation or under any custom or
usage, without her consent, shall be punished with imprisonment of
either description, for a term which shall not be less than two years
but which may extend to seven years, and shall also be liable to fine.
Sexual intercourse
by a person in
authority.
376C. Whoever,––
(a) being in a position of authority or in a fiduciary
relationship; or
(b) a public servant; or
(c) superintendent or manager of a jail, remand home or other
place of custody established by or under any law for the time
being in force, or a women’s or children’s institution; or
(d) being on the management of a hospital or being on the
staff of a hospital,
and abuses such position or fiduciary relationship to induce or seduce
any person either in the first mentioned person’s custody or under the
first mentioned person’s charge or present in the premises and has
sexual intercourse with that person, such sexual intercourse not
amounting to the offence of sexual assault, shall be punished with
rigorous imprisonment of either description for a term which shall not
be less than five years but which may extend to ten years, and shall
also be liable to fine.
Explanation 1.–– In this section, “sexual intercourse” shall mean
any of the acts mentioned in clauses (a) to (c) of section 375.
Explanation 2. –– For the purposes of this section, Explanations 1
and 2 to section 375 shall also be applicable.
Explanation 3.–– “Superintendent”, in relation to a jail, remand
home or other place of custody or a women’s or children’s institution,
includes a person holding any other office in such jail, remand home,
place or institution by virtue of which such person can exercise any
authority or control over its inmates.
11
Explanation 4.–– The expressions “hospital” and “women’s or
children’s institution” shall respectively have the same meaning as in
Explanation 1 to sub-section (2) of section 376.
376D. Where a person is sexually assaulted 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 sexual assault, regardless of gender and shall be
punished with rigorous imprisonment for a term which shall not
be less than twenty years, but which may extend to life and
shall pay compensation to the victim which shall be reasonable to
meet the medical expenses and rehabilitation of the victim.
Explanation.–– For the purposes of this section, imprisonment
for life shall mean imprisonment for the remainder of that person’s
natural life.
Sexual assault by
gang.
376E. Whoever has been previously convicted of an offence
punishable under section 376 or section 376A or section 376C or
section 376D and is subsequently convicted of an offence
punishable under any of the said sections shall be punished with
imprisonment for life, which shall mean the remainder of that
person’s natural life or with death.’.
Punishment for
repeat offenders.
9. In section 509 of the Penal Code, for the words “shall be punished
with simple imprisonment for a term which may extend to one year, or
with fine, or with both”, the words “shall be punished with simple
imprisonment for a term which may extend to three years and shall also be
liable to fine” shall be substituted.
Amendment of
section 509.
CHAPTER III
AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973.
2 of 1974. 10. In the Code of Criminal Procedure, 1973 (hereafter in this
Chapter referred to as the Code of Criminal Procedure), in section 54A,
the following proviso shall be inserted, namely:––
Amendment of
section 54A.
“Provided that, if the person identifying the person arrested is
mentally or physically disabled, such process of identification
shall take place under the supervision of a Judicial Magistrate
who shall take appropriate steps to ensure that such person
identifies the person arrested using methods that the person is
comfortable with:
Provided further, that if the person identifying the person
arrested is mentally or physically disabled, the identification process
may be videographed.”.
12
Amendment of
section 154
11. In section 154 of the Code of Criminal Procedure, in sub-section
(1), the following provisos shall be inserted, namely:––
.
“Provided that if the information is given by the woman against
whom an offence under section 326A, section 326B, section 354,
section 375, section 376, section 376A, section 376B, section 376C,
section 376D, section 376E and section 509 of the Indian Penal Code
is alleged to have been committed or attempted, then such information
shall be recorded, as far as possible, by a woman police officer and
such woman shall be provided legal assistance and also the
assistance of a healthcare worker or women’s organisation or both:
Provided further that––
(a) in the event that the person against whom an offence
under s ection 354, section 354A, section 354B, s ection 354C,
section 354D, sub-section (1) or sub-section (2) of section
376, section 376A, section 376B, section 376C, section 376D or
section 376E of the Indian Penal Code is alleged to have been
committed or attempted is temporarily or permanently mentally
or physically disabled, then such information shall be recorded
by a police officer, at the residence of the person seeking to
report such offence or at a convenient place of such person’s
choice, in the presence of a special educator or an interpreter, as the
case may be;
(b) the recording of such information may be videographed.
(c) the police officer shall get the statement of the
person recorded by a Judicial Magistrate under clause (a) of
sub-section (5A) of section 164 as soon as possible.”.
45 of 1860.
45 of 1860.
Amendment of
section 160.
12. In section 160 of the Code of Criminal Procedure, in sub-section
(1), in the proviso, for the words “under the age of fifteen years or
woman”, the words “under the age of eighteen years or above the age of
sixty-five years or a woman or a physically or mentally disabled person”
shall be substituted.
Amendment of
section 161.
13. In section 161 of the Code of Criminal Procedure, in sub-section
(3), after the proviso, the following proviso shall be inserted, namely:––
“Provided further that the statement of a woman against whom an
offence under section 354, section 354A, section 354B, section 354C,
section 354D, section 375, section 376, section 376A, section 376B,
section 376C, section 376D, section 376E or section 509 of the Indian
Penal Code is alleged to have been committed or attempted shall be
recorded, as far as possible, by a woman police officer.”.
45 of 1860.
13
14. In section 164 of the Code of Criminal Procedure, after sub-section
(5), the following sub-section shall be inserted, namely:––
Amendment of
section 164.
45 of 1860.
1 of 1872.
“(5A) (a) In cases punishable under section 354, section
354A, section 354B, sub-section (2) of section 354C, sub-section (1)
or sub-section (2) of section 376, section 376A, section 376B,
section 376C, section 376D or section 376E of the Indian Penal Code,
the Judicial Magistrate shall record the statement of the person against
whom such offence has been committed in the manner prescribed in
sub-section (5), as soon as the commission of the offence is brought to
the notice of the police:
Provided that if the person making the statement is temporarily or
permanently physically or mentally disabled, the Magistrate shall take
the assistance of an interpreter or a special educator in recording the
statement:
Provided further that if the person making the statement is
temporarily or permanently physically or mentally disabled, the
statement made by the person, with the assistance of an interpreter or
special educator, may be videographed;
(b) a statement recorded under clause (a) of a person who is
temporarily or permanently physically or mentally disabled shall be
considered a statement in lieu of examination-in-chief, as specified in
section 137 of the Indian Evidence Act, 1872 such that the maker of
the statement can be cross-examined on such statement, without the
need for recording the same at the time of trial.
15. After section 198A of the Code of Criminal Procedure, the
following section shall be inserted, namely:––
Insertion of new
section 198B.
45 of 1860.
“198B. No Court shall take cognizance of an offence under
s ection 376B of the Indian Penal Code where the persons are in a
marital relationship, except upon prima facie satisfaction of the facts
which constitute the offence upon a complaint having been filed or
made by the wife against the accused husband.”.
Cognizance of
offence.
16. In section 273 of the Code of Criminal Procedure, before the
Explanation, the following proviso shall be inserted, namely:––
Amendment of
section 273.
“Provided that where the evidence of a person below the age of
eighteen years who is alleged to have been subjected to sexual assault
or any other sexual offence, is to be recorded, the court may take
appropriate measures to ensure that such person is not confronted by
the accused while at the same time ensuring the right of crossexamination
of the accused.”.
17. In section 327 of the Code of Criminal Procedure, in sub-section
(2), for the words, figures and letters “trial of rape or an offence under
Amendment of
section 327.
14
section 376, section 376A, section 376B, section 376C or section 376D of
the Indian Penal Code”, the words, figures and letters “trial of sexual
assault or an offence under section 376, section 376A, section 376B,
section 376C, section 376D or section 376E of the Indian Penal Code”
shall be substituted.
Amendment of First
Schedule.
18. In the First Schedule to the Code of Criminal Procedure, under the
heading “1.-OFFENCES UNDER THE INDIAN PENAL CODE”,––
(a) after the entries relating to section 166, the following entries shall
be inserted, namely:––
1 2 3 4 5 6
“166A Public servant
disobeying
direction under
law
Imprisonment
for one year
or fine or with
both
Noncognizable
Bailable Magistrate
of the first
class”;
(b) after the entries relating to section 326, the following entries shall
be inserted, namely:––
1 2 3 4 5 6
“326A Voluntarily
causing
grievous hurt
by use of
acid, etc.
Imprisonment for
not less than ten
years but which
may extend to
imprisonment for
life and fine of 10
lakh rupees.
Cognizable Nonbailable
Court of
Session.
326B Voluntarily
throwing or
attempting to
throw acid.
Imprisonment for
five years but which
may extend to seven
years and fine.
Cognizable Nonbailable
Court of
Session.”.
(c) for the entries relating to section 354, the following entries shall be
substituted, namely:––
1 2 3 4 5 6
“354 Assault or use
of criminal
force to woman
with intent to
outrage her
modesty.
Imprisonment of
1 year which
may extend to 5
years, and with
fine.
Cognizable Nonbailable
Any
Magistrate.
15
354A (1) Sexual
harassment of the
nature of
unwelcome
physical contact
and advances or a
demand or
request for sexual
favours.
Imprisonment
which may
extend to 5
years or with
fine or with
both.
Cognizable Nonbailable
Any
Magistrate.
(2) Sexual
harassment of the
nature of making
sexually coloured
remark or
showing
pornography or
any other
unwelcome
physical, verbal
or non-verbal
conduct of sexual
nature.
Imprisonment
which may
extend to 1 year
or with fine or
with both.
Noncognizable
Bailable Any
Magistrate.
354B Assault or use of
criminal force to
woman with
intent to disrobe.
Imprisonment of
not less than 3
years but which
may extend to 7
years and with
fine.
Cognizable Nonbailable
Any
Magistrate.
354C Voyeurism. Imprisonment of
not less than 1
year but which
may extend to 3
years and with
fine for first
conviction.
Imprisonment of
not less than 3
year but which
may extend to 7
years and with
fine for second
or subsequent
conviction.
Noncognizable
Cognizable
Bailable
Nonbailable
Any
Magistrate.
Any
Magistrate.
354D Stalking. Imprisonment of
not less than 1
year but which
may extend to 3
years and with
fine.
Cognizable Nonbailable
Any
Magistrate.”.
16
(d) for the entries relating to sections 370, the following entries shall
be substituted, namely:––
1 2 3 4 5 6
“370 (1)Trafficking
of person.
Imprisonment of not
less than 7 years but
which may extend to
10 years and with
fine.
Cognizable Nonbailable
Court of
Session.
(2) Trafficking
of more than
one person.
Imprisonment of not
less than 10 years but
which may extend to
imprisonment for life
and with fine.
Cognizable Nonbailable
Court of
Session.
(3) Trafficking
of a minor.
Imprisonment of not
less than 10 years but
which may extend to
imprisonment for
life.
Cognizable Nonbailable
Court of
Session.
(4) Trafficking
of more than
one minor.
Imprisonment of not
less than 14 years but
which may extend to
imprisonment for
life.
Cognizable Nonbailable
Court of
Session.
(5) Public
servant or a
police officer
involved in
trafficking of
minor.
Imprisonment for life
which shall mean the
remainder of that
person’s natural life.
Cognizable Nonbailable
Court of
Session.
(6) Person
convicted of
offence of
trafficking of
minor on more
than one
occasion.
Imprisonment for life
which shall mean the
remainder of that
person’s natural life.
Cognizable Nonbailable
Court of
Session.
370A (1) Employing
of a trafficked
child.
Imprisonment of not
less than 5 years but
which may extend to
7 years and with fine.
Cognizable Nonbailable
Court of
Session.
(2) Employing
of a trafficked
adult person.
Imprisonment of not
less than 3 years but
which may extend to
7 years and with fine.
Cognizable Nonbailable
Court of
Session.”.
17
(e) for the entries relating to sections 376, 376A, 376B, 376C and
376D, the following entries shall be substituted, namely:––
1 2 3 4 5 6
376 (1) Sexual
assault.
Rigorous
imprisonment
of not less than
7 years but
which may
extend to
imprisonment
for life and
with fine.
Cognizable Nonbailable
Court of
Session.
(2) Sexual
assault by a
police
officer or a
public
servant or
Member of
armed forces
or a person
being on the
management
or on the
staff of a
jail, remand
home or
other place
of custody
or women’s
or children’s
institution or
by a person
on the
management
or on the
staff of a
hospital, and
sexual
assault
committed
by a person
in a position
of trust or
authority
towards the
person
assaulted or
Rigorous
imprisonment
of not less than
10 years but
which may
extend to
imprisonment
for life and
with fine.
Cognizable Nonbailable
Court of
Session.
18
by a near
relative of
the person
assaulted.
376A Person
committing
an offence
of sexual
assault and
inflicting
injury which
causes death
or causes the
person to be
in a
persistent
vegetative
state.
Rigorous
imprisonment
of not less than
20 years but
which may
extend to
imprisonment
for life which
shall mean the
remainder of
that person’s
natural life or
with death.
Cognizable Nonbailable
Court of
Session.
376B Sexual
assault by
the husband
upon his
wife during
separation.
Imprisonment
for not less
than 2 years
but which may
extend to 7
years and with
fine.
Cognizable
(but only
on the
complaint
of the
victim)
Nonbailable
Court of
Session.
376C Sexual
intercourse
by a person
in authority.
Rigorous
imprisonment
for not less
than 5 years
but which may
extend to 10
years and with
fine.
Cognizable Nonbailable
Court of
Session.
376D Sexual
assault by
gang.
Rigorous
imprisonment
for not less
than 20 years
but which may
extend to
imprisonment
for life which
shall mean the
remainder of
that person’s
natural life and
compensation
to the victim.
Cognizable Nonbailable
Court of
Session.
19
376E Repeat
offenders.
Imprisonment
for life which
shall mean the
remainder of
that person’s
natural life or
with death.
Cognizable Nonbailable
Court of
Session.”.
(f) entry relating to section 509, in column 3, for the words “Simple
imprisonment for one year, or fine, or both,”, the words “Simple
imprisonment for 3 years and with fine” shall be substituted.
CHAPTER IV
AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872
1 of 1872. 19. After section 53 of the Indian Evidence Act, 1872 (hereafter in this
Chapter referred to as the Evidence Act), the following section shall be
inserted, namely:––
Insertion of new
section 53A.
45 of 1860. “53A. In a prosecution for an offence under section 354, section
354A, section 354B, section 354C, sub-section (1) or sub-section (2) of
section 376, section 376A, section 376B, s ection 376C, section
376D or section 376E of the Indian Penal Code or for attempt to
commit any such offence, where the question of consent is in issue,
evidence of the character of the victim or of such person’s previous
sexual experience with any person shall not be relevant on the issue of
such consent or the quality of consent.”.
Evidence of
character or
previous sexual
experience not
relevant in
certain cases.
20. For section 114A of the Evidence Act, the following section shall
be substituted, namely:––
Substitution of
new section for
section 114A.
45 of 1860.
45 of 1860.
‘114A. In a prosecution for sexual assault under clause (a), clause
(b), clause (c), clause (d), clause (e), clause (f), clause (g), clause (h),
clause (i), clause (j), clause (k), clause (l) or clause (m) of sub-section
(2) of section 376 of the Indian Penal Code, where sexual intercourse
by the accused is proved and the question is whether it was without the
consent of the other person alleged to have been sexually assaulted and
such other person states in that person’s evidence before the court that
such person did not consent, the court shall presume that such person
did not consent.
Explanation.–– In this section “sexual intercourse” shall mean any
of the acts mentioned in clauses (a) to (c) of section 375 of the Indian
Penal Code.’.
Presumption as
to absence of
consent in certain
prosecution for
sexual assault.
21. For section 119 of the Evidence Act, the following section shall
be substituted, namely:––
Substitution of
new section for
section 119.
“119. A witness who is unable to speak may give his evidence in
any other manner in which he can make it intelligible, as by writing or
Witness unable
to communicate
verbally.
20
by signs; but such writing must be written and the signs made in open
Court, evidence so given shall be deemed to be oral evidence:
Provided that if the witness is unable to communicate verbally,
the Court shall take the assistance of a special educator or
interpreter in recording the statement, and such statement may be
videographed.”.
Amendment of
section 146.
22. In section 146 of the Evidence Act, for the proviso, the following
proviso shall be substituted, namely:––
“Provided that in a prosecution for an offence under sub-section
(1) or sub-section (2) of section 376, section 376A, section 376B,
section 376C, section 376D or section 376E of the Indian Penal Code
or for attempt to commit any such offence, where the question of
consent is an issue, it shall not be permissible to adduce evidence or to
put questions in the cross-examination of the victim as to the general
immoral character, or previous sexual experience, of such victim with
any person for proving such consent or the quality of consent.”.
45 of 1860.
President.
लिंक पीडीअफ मे हैं डाउन लोड करके पढ़ा जा सकता हैं डाउनलोड करिये
thanks rachna ji.sincerely.
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