In Depth Understand, Know THE CRIMINAL LAW (AMENDMENT) BILL, 2013 passed by Lower House Lok Sabha

In Depth Understand, Know THE CRIMINAL LAW (AMENDMENT) BILL, 2013 passed by Lower House Lok Sabha

THE CRIMINAL LAW (AMENDMENT) BILL, 2013

A
BILL
further to amend the Indian Penal Code, the Code of Criminal Procedure, 1973, the Indian
Evidence Act, 1872 and the Protection of Children from Sexual Offences Act, 2012.
BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Criminal Law (Amendment) Act, 2013.

(2) It shall be deemed to have come into force on the 3rd day of February 2013

Amendment of Section 100

CHAPTER II

AMENDMENTS TO THE INDIAN PENAL CODE

2.  In the Indian Penal Code (hereafter in this Chapter referred to as the Penal Code),
in section 100, after clause Sixthly, the following clause shall be inserted, namely:––

“Seventhly.–– An act of throwing or administering acid or an attempt to throw
or administer acid, which may reasonably cause the apprehension that grievous hurt
will otherwise be the consequence of such act."

Insertion of new sections 166Aand 166B
Public servant disobeying direction under law.
Punishment for non-treatment of victim

3.   After section 166 of the Penal Code, the following sections shall be inserted,
namely:—

“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 sub-section (1) of
section 154 of the Code of Criminal Procedure, 1973, in relation to cognizable
offence punishable under  section  326A, section 326B, section 354, section
354B, section 370, section 370A, section  376, section  376A, section 376B,
section  376C, section  376D,  section 376E, or section 509,
shall be punished  with rigorous imprisonment for a term which shall not be less than
six months but which may extend to two years, and shall also be liable to fine.
166B. Whoever, being in charge of a hospital, public or private, whether run by
the Central Government, the State Government, local bodies or any other person,
contravenes the provisions of section 357C of the Code of Criminal Procedure, 1973,
shall be punished with imprisonment for a term which may extend to one year or with
fine or with both.".

Amendment of section 228A.
4.  In section 228A of the Penal Code, in sub-section (1), for the words, figures and
letters "offence under section 376, section 376A, section 376B, section 376C, or section
376D", the words, figures, and letters "offence under section 376, section 376A, section 376B,
section 376C, section 376D or section 376E" shall be substituted.

Insertion of new sections 326A and 326B.
Voluntarily causing grievous hurt by  use of acid, etc.
Voluntarily throwing or attempting to throw acid.

5. After section 326 of the Penal Code, the following sections shall be inserted,
namely:—

'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:

  Provided that such fine shall be just and reasonable to meet the medical expenses
of the treatment of the victim:

Provided further that any fine imposed under this section shall be paid to the
victim.

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.— For  the  purposes  of  section 326A and this  section,  permanent
or  partial  damage or deformity shall not be required to be irreversible.

Amendment of section 354
Insertion of new sections 354A, 354B, 354C, and 354D.
Sexual harassment and punishment for sexual harassment
Assault or use of criminal force to woman with intent to disrobe.
Voyeurism.
Stalking

6.
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 which shall not
be less than one year but which may extend to five years, and shall also be liable to fine" shall
be substituted.

7.
After section 354 of the Penal Code, the following sections shall be inserted, namely:—
 '354A. (1) A man committing any of the following acts—
(i) physical contact and advances involving unwelcome and explicit sexual
overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or
clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term
which may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1)
shall be punished with imprisonment of either description for a term which may extend
to one year, or with fine, or with both.
354B. Any man who assaults or uses criminal force to any woman or abets such
act with the intention of disrobing or compelling her to be naked   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 shall also be liable to fine.
354C. Any man who 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 or disseminates such image 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 which may extend to seven years,
and shall also be liable to fine.

Explanation 1.—For the purpose 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, posterior or breasts are
exposed or covered only in underwear; or the victim is using a lavatory; or the victim
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 the 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.

354D. (1) Any man who—

(i) follows a woman and contacts, or attempts to contact such woman to
foster personal interaction repeatedly despite a clear indication of disinterest by
such woman; or

(ii) monitors the use by a woman of the internet, email or any other form
of electronic communication, commits the offence of stalking:

Provided  that such conduct shall not amount  to stalking  if the man who
pursued it proves that—

(i) it was pursued for the purpose of preventing  or detecting  crime  and
the man accused of stalking had been entrusted  with  the responsibility of
prevention and detection of crime by the State; or

(ii) it was pursued under any law or to comply with  any condition or
requirement imposed by any person under any law; or

(iii) in the particular circumstances  such conduct was reasonable and justified.

(2) Whoever commits  the offence of stalking shall be punished on first conviction
with imprisonment of either description for a term 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 may extend to five years, and
shall also be liable to fine.

Substitution of new sections 370 and 370A for section 370.
Trafficking of person.
Exploitation of a trafficked person.
Substitution of new sections for sections 375, 376, 376A, 376B, 376C and 376D.
Rape
Punishment for rape
Punishment for causing death or resulting in persistent vegetative state of victim.
Sexual intercourse by husband upon his wife during separation.
Sexual intercourse by a person in authority.
Gang Rape
Punishment for repeat offenders.
Amendment  of section 509.


8.  For section 370 of the Penal Code, the following sections shall be substituted,
namely:—
‘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 any act of physical
exploitation or any form of sexual exploitation, slavery or practices similar to slavery,
servitude, or the forced removal of organs.
Explanation 2.— The consent of the victim is immaterial in 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.

(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, and shall also be liable to fine.

(5) Where the offence involves the trafficking of more than one minor, 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, and shall also be liable to fine.

(6)  If a person is convicted of the offence of trafficking of minor 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, and shall also
be liable to fine.

(7) When a public servant or a police officer is involved in the trafficking of any
person then, such public servant or police officer shall be punished with imprisonment
for life, which shall mean imprisonment for the remainder of that person's natural life,
and shall also be liable to fine.

370A.  (1) Whoever, knowingly  or having   reason to believe  that a minor has
been trafficked,   engages  such minor  for sexual exploitation in any manner, shall  be
punished  with  rigorous  imprisonment 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.

(2) Whoever, knowingly by or having  reason to believe  that a person has been
trafficked, engages such person for  sexual exploitation in any manner,  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.'.

9. For sections 375, 376, 376A, 376B, 376C and 376D of the Penal Code, the following
sections shall be substituted, namely:—

‘375.   A man  is said to commit "rape" if he—

 (a) penetrates his penis, to any extent, into the vagina, mouth,  urethra or
anus of a woman or makes her 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 a woman or makes her to do so with
him or any other person; or

 (c)  manipulates any part of the body of a woman so as to cause penetration
into the vagina, urethra, anus or any part of body of such woman or makes her to
do so with him or any other person; or

 (d)  applies his mouth to the vagina, anus, urethra of a woman or makes
her to do so with him or any other person,
under the circumstances falling under any of the following seven descriptions:—

First.—Against her will.

Secondly.—Without her consent.

Thirdly.—With her consent, when her consent has been obtained by
putting her or any person in whom  she  is interested, in fear of death or of hurt.

Fourthly.—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 herself to be lawfully married.

Fifthly.—With her consent when, at the time of giving such consent, by
reason of unsoundness of mind or intoxication or the administration by him
personally or through another of any stupefying or unwholesome substance,
she is unable to understand the nature and consequences of that to which she
gives consent

Sixthly.—With or without her consent, when she is under eighteen years
of age.

Seventhly.—When she is unable to communicate consent.

Explanation 1.—For the purposes of this section, "vagina" shall also include
labia majora.

Explanation  2.—Consent means an unequivocal voluntary agreement when
the woman by words, gestures or any form of   verbal or non-verbal communication,
communicates willingness to participate in the specific sexual act:

Provided that a woman 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 1.—A medical procedure or intervention shall not constitute rape.

Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the
wife not being under fifteen years of age, is not rape.

376. (1) Whoever, except in the cases provided for in sub-section (2), commits
rape, 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 rape—

(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  woman 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 rape on a woman 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 deployed in an area by the Central
or a State Government commits rape in such area; 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 rape 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 rape on
a  woman in that hospital; or

(f) being a relative, guardian or teacher of, or a person in a position of
trust or authority towards the woman, commits rape on such woman; or

(g) commits rape during communal or sectarian violence; or

(h) commits rape on a woman  knowing her to be pregnant; or

(i) commits rape on a woman when she is under  sixteen years of age;

Or

(j) commits rape, on a woman incapable of giving consent; or

(k) being in a position of control or dominance over a woman, commits
rape on such woman; or

(l) commits rape on a woman suffering from mental or physical disability; or

(m) while committing rape causes grievous bodily harm or maims or
disfigures or endangers the life of a woman; or

(n) commits rape repeatedly on the same woman,
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, which shall mean imprisonment
for the remainder of that person's natural life, and shall also be liable to fine.

Explanation.—For the purposes of this sub-section,—

(a) "armed forces" means the naval, military and  air  forces and  includes
any  member of  the Armed  Forces constituted under any law 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;

(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) "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.

376A. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which
causes the death of the woman or causes the woman 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 which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person's natural life, or with death.

376B. Whoever has sexual intercourse with his own wife, who is living separately,
whether under a decree of separation or otherwise, 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.
Explanation.—In this section, "sexual intercourse" shall mean any of the acts
mentioned in clauses (a) to (d) of section 375.

376C. Whoever, being—

(a) 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) on  the  management of a hospital or being on the staff of a hospital,
abuses such position or fiduciary relationship to induce or seduce any woman either in
his custody or under his charge or present in the premises to have sexual intercourse
with him, such sexual intercourse not amounting to the offence of rape, 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 (d) of section 375.

Explanation 2. —For the purposes of this section, Explanation 1 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.

Explanation  4.—The expressions "hospital" and "women's or children's
institution" shall respectively have the same meaning as in Explanation to sub-section
(2) of section 376.

376D. Where a woman 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  rigorous imprisonment
for a term which  shall  not be less  than twenty  years, but which may extend to life
which shall mean imprisonment for the remainder of that person's natural life, and with
fine:

 Provided that such fine shall be just and reasonable to meet the medical expenses
and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the
victim.

376E. Whoever has been previously convicted of an offence punishable under
section 376 or section 376A 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 imprisonment for the remainder of that person's natural life, or
with death.'.

10. 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
also with fine" shall be substituted.



CHAPTER III

Amendment of section 26.
Amendment of section 54A.
Amendment of section 154
Amendment of section 160.
Amendment of section 161.
Amendment of section 164.
Amendment of section 173.
Amendment of section 197
Insertion of new section 198B
Cognizance of offence.
Amendment of section 273.
Amendment of section 309.
Amendment of section 327
Insertion of new sections 357B and 357C
Compensation to be in addition to fine under section 326A or section 376D of IPC
Treatment of victims.



AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973

11. In the Code of Criminal Procedure, 1973 (hereafter in this Chapter referred to as
the Code of Criminal Procedure), in section 26, in the proviso to clause (a), for the words,
figures and letters "offence under section 376 and sections 376A to 376D of the Indian
Penal Code", the words, figures and letters "offence under section 376, section 376A,
section 376B, section 376C, section 376D or section 376E of the Indian Penal Code" shall
be substituted.

12.  In  section 54A of the Code of Criminal Procedure, the following provisos shall be
inserted, namely:—

"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 person is comfortable
with

Provided further that if the person identifying the person arrested is mentally or
physically disabled, the identification process shall be videographed.".

13. 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 354A, section 354B, section
354C, section 354D, 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, then such information shall be recorded, by a woman police
officer or any woman officer:

Provided further that—

(a) in the event that the person against whom  an offence under section  354,
section 354A, section 354B, section 354C, section 354D, 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, 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 an
interpreter or a special educator, as the case may be;

(b)  the recording of such information shall 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.".

14.  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 fifteen
years or above the age of sixty-five years or a woman or a mentally or physically disabled
person" shall be substituted.

15. 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 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,
by a woman police officer or any woman officer.".

16. In section 164 of the Code of Criminal Procedure, after sub-section (5), the following
sub-section  shall be inserted, namely:—

 "(5A) (a)  In  cases  punishable  under  section  354, section  354A, section 354B,
section 354C, section 354D, sub-section (1) or sub-section (2) of section  376, section
376A, section  376B, section  376C, section 376D, section 376E or section 509 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
mentally or physically 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 mentally or physically disabled, the statement made by the person, with
the assistance of an interpreter or a special educator, shall be videographed

(b)  A statement recorded under clause (a) of a person, who is temporarily or
permanently mentally or physically 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.".

17.  In section 173 of the Code of Criminal Procedure, in sub-section (2), in sub-clause (h)
of clause (i), for the words, figures and letter "or   376D of the Indian Penal Code", the words,
figures and letters " 376D or section 376E of the Indian Penal Code" shall be substituted.

18. In section 197 of the Code of Criminal Procedure, after sub-section (1), the following
Explanation shall be inserted, namely:—

"Explanation.—For the removal of doubts it is hereby declared that no sanction
shall be required in case of a public servant accused of any offence alleged to have
been committed under section 166A, section 166B, section 354, section 354A, section

354B, section 354C, section 354D, section 370, section 375, section 376, section 376A,
section 376C, section 376D or section 509 of the Indian Penal Code.".

19. After section 198A of the Code of Criminal Procedure, the following section shall
be inserted, namely:—

"198B. No Court shall take cognizance of an offence punishable under section

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 husband.".

20. In section 273 of the Code of Criminal Procedure, before the  Explanation, the
following proviso shall be inserted, namely:—

"Provided that where the evidence of a woman below the age of eighteen years who
is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the
court may take appropriate measures to ensure that such woman is not confronted by the
accused while at the same time ensuring the right of cross-examination of the accused.".

21. In section 309 of the Code of Criminal Procedure, for sub-section (1), the following
sub-section shall be substituted, namely:—

"(1) In every inquiry or trial the proceedings shall be continued from day-to-day until
all the witnesses in attendance have been examined, unless the Court finds the adjournment
of the same beyond the following day to be necessary for reasons to be recorded:
Provided that when the inquiry or trial relates to an offence under section 376,
section 376A, section 376B, section 376C or section 376D of the Indian Penal Code, the
inquiry or trial shall, as far as possible be completed within a period of two months from
the date of filing of the charge sheet.".

22.  In section 327 of the Code of Criminal Procedure, in sub-section (2), for the words,
figures and letter "or section 376D of the Indian Penal Code", the words, figures and letters
"section 376D or section 376E of the Indian Penal Code" shall be substituted.

23. After section 357A of the Code of Criminal Procedure, the following sections shall
be inserted, namely:—

"357B. The compensation payable by the State Government under section 357A
shall be in addition to the payment of fine to the victim under section 326A or section
376D of the Indian Penal Code.

357C. All hospitals, public or private, whether run by the Central Government,
the State Government, local bodies or any other person, shall immediately, provide the
first-aid or medical treatment, free of cost, to the victims of any offence covered under
section 326A, 376, 376A, 376B, 376C, 376D or section 376E of the Indian Penal Code,
and shall immediately inform the police of such incident."

24. In the First Schedule to the Code of Criminal Procedure, under the heading
"I.-OFFENCES UNDER THE INDIAN PENAL CODE",—

(a) after the entries relating to section 166, the following entries shall be inserted,
namely:—

166A
Public servant disobeying direction under law
Cognizable Bailable
Magistrate of the first class
Imprisonment  for minimum 6  months which may extend to 2 years and fine

166B

Non-treatment of victim by hospital
Non- Bailable
Cognizable
Magistrate first class
Imprisonment  for 1 year  or of  the  fine or both

(b) after the entries relating to section 326, the following entries shall be inserted,
namely:—

326A
Voluntarily causing grievous hurt by use of acid etc.

Imprisonment for not less than 10
years but which
may extend to
imprisonment for
life and fine to be
paid to the victim

Cognizable
Non-bailable
Court of Session

326B
Voluntarily throwing attempting to throw acid
Cognizable
Non- bailable
Court of session
Imprisonment for 5  years but which may extend to 7
years and with fine

(c)  for the entries relating to section 354, the following entries shall be substituted,
namely:—

354
Assault or use of criminal force to woman with intent to outrage her
modesty
Cognizable Non- bailable
Any Magistrate
Imprisonment of  1  year which may extend to 5 years,
and with fine.

354A
Sexual harassment of the nature of unwelcome physical contact
and advances or a demand or request for sexual favours, showing
pornography
Cognizable Bailable
Any Magistrate
Imprisonment which may extend
to 3  years or with fine or  with both.

Sexual harassment of the nature making sexually coloured remark.
Cognizable
Bailable
Any Magistrate
Imprisonment  which may extend of to 1  year or with fine or with both.

354B
Assault or use of criminal force to woman with intent to disrobe.
Cognizable
Non- bailable
Any Magistrate
Imprisonment of  not less than 3  years but which
may extend to 7 years and with fine

354C
Voyeurism.
Cognizable
Bailable
Any Magistrate
Imprisonment of  not less than 1 year but which may extend to 3 years and with
fine for first conviction.

Cognizable
Non- bailable
Any Magistrate
Imprisonment of  not less than 3 years but which may extend to 7 years and with fine for second
or subsequent conviction.

354D
Stalking.
Cognizable
Bailable
Any  Magistrate
Imprisonment  up to 3 years and with fine for
first conviction.

Cognizable
Non- bailable
Any Magistrate.".
Imprisonment up to 5  years and with fine for second or Subsequent conviction.

(d) for the entries  relating to section 370, the following entries shall be substituted,
namely:—

Trafficking of person.
Cognizable
Non- bailable
Court of Session
Imprisonment of  not less than 7 years but which
may extend to 10 years and with fine

Trafficking of more than one person.
Cognizable
Non- bailable
Court of Session
Imprisonment of   not less than 10  years but which may extend to
imprisonment for life and with fine

Trafficking of a minor.
Cognizable
Non- bailable
Court of Session
Imprisonment of not less than 10 years but which may extend to imprisonment for
life and with fine

Trafficking of more than one minor.
Cognizable
Non- bailable
Court of Session
Imprisonment of not less than 14  years but which may extend to imprisonment for
life and with fine

Person convicted of offence of minor on more than one occasion or Public Servant or a police officer involved in trafficking of minor
Cognizable
Non-bailable
Court of Session
Imprisonment for  life which shall mean the trafficking of remainder of that
person’s natural . life and with fine.

370A
Exploitation of a trafficked child
Cognizable
Non-bailable
Court of Session
Imprisonment of not less than 5  years but which may extend to 7 years and with Fine

Exploitation of a trafficked person
Cognizable
Non-bailable
Court of Session";
Imprisonment of   not less than 3  years but which may extend to 5 years and with
Fine

(e) for the entries relating to sections 376, 376A, 376B, 376C and 376D, the
following entries shall be substituted, namely:—

‘376
Rape
Cognizable
Non-bailable
Court of Session
Rigorous imprisonment of not less than 7 years but which may extend to imprisonment
for life and with  fine

Rape 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 rape committed by a person in a position of trust or authority towards the person raped or by a
near relative of the person raped
Cognizable
Non-bailable
Court of Session
Rigorous  imprisonment of not less than 10 years but which may extend to  imprisonment for life which shall mean the remainder of that person’s  natural life and with fine.

376A
Person committing an offence of rape and inflicting injury which causes death or causes the woman to be in a persistent shall mean vegetative state

Cognizable
Non-bailable
Court of Session
 Rigorous  imprisonment of not less than 20 years but which may extend to  imprisonment
for life which. Imprisonment for the remainder of that person's natural life or with death.

376B
Sexual intercourse by husband upon his wife during seperation
Cognizable
Bailable
Court of Session
Imprisonment  for not less than (but  only on  2  years but the complaint
which may of the victim) extend to 7  years and with fine.

376C
Sexual intercourse by a person in authority.
Cognizable
Non-bailable
Court of Session
Rigorous  imprisonment for  not less than 5  years but which may extend to 10 years and
with fine.

376D
Gang rape.
Cognizable
Non-bailable
Court of Session
 Rigorous imprisonment for not less than 20 years but which may extend to imprisonment
for life which shall mean imprisonment for the remainder of that person's natural life and with
fine to be paid to the victim

376E
Repeat offenders.
Cognizable
Non-bailable
Court of Session."
Imprisonment  for life which shall mean imprisonment for the  remainder of  that person’s
natural life or with death

(f) in entry relating to section 509, in column 3, for the words "Simple imprisonment
for one year, or fine, or both,", the words and figure "Simple imprisonment for 3 years
and with fine " shall be substituted.

CHAPTER IV

AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872

Insertion of new section 53A.
Evidence of character or previous sexual     experience not relevant in certain cases.
Substitution of new section for section 114A.
Presumption as to absence of consent in certain prosecution for rape.
Substitution of new section for section 119.
Amendment of section 146.
Witness     unable to communicate verbally

5. 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:—

  "53A. In a prosecution for an offence under section  354, section  354A, section
354B, section  354C, section 354D, 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 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.".
26. For section 114A of the Evidence Act, the following section shall be substituted,
namely:—

 '114A.  In a prosecution for rape 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), clause (m) or clause (n) 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 woman alleged to have been raped and such woman
states in her evidence before the court that she did not consent, the court shall presume
that she did not consent.

Explanation.— In this section, "sexual intercourse" shall mean any of the acts
mentioned in clauses (a) to (d) of section 375 of the Indian Penal Code.'.
27. For section  119  of the Evidence Act, the following section shall be substituted,
namely:—

 "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 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 an interpreter or a special educator in recording the statement,
and such statement shall be videographed.".

28. 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  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.".

CHAPTER V

AMENDMENT TO THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

29. For section 42 of the Proteciton of Children  from Sexual Offences Act, 2012,  the
following sections shall be substituted, namely:—

“42. Where an act or omission constitutes an offence punishable under this Act
and also under sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A,
376C, 376D, 376E or seciton 509 of the Indian Penal Code, then, notwithstanding
anything contained in any law for the time being in force, the offender found guilty of
such offence shall be liable to punishment under this Act or under the Indian Penal
Code as provides for punishment which is greater in degree.

42A. The provisions of this Act shall be in additon to and not in derogation of
the provisions of any other law for the time being in force and, in case of any
inconsistency, the provisions of this Act shall have overriding effect on the provisions
of any such law to the extent of the inconsistency.”.

CHAPTER VI

MISCELLANEOUS

30.  (1) The Criminal Law (Amendment) Ordinance, 2013 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Indian
Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872, as
amended by the said Ordinance, shall be deemed to have been done or taken under the
corresponding provisions of those Acts, as amended by this Act

Reality views by sm –

Friday, March 22, 2013

Tags - THE CRIMINAL LAW (AMENDMENT) BILL, 2013 passed by Lower House Lok Sabha