OFFENCES UNDER THE INDIAN PENAL CODE", —
(a) for the entries relating to section 376, the following entries shall be substituted, namely:— Section Offence Punishment Cognizable or Bailable or By what Non-congnizable Non-bailable Court triable 1 2 3 4 5 6 "376 Rape. Rigorous imprisonment Cognizable Non-bailable Court of of not less than 10 years Session.
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.
Amendment of section 439.
45 of 1860.
Amendment of First Schedule.
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.
Cognizable Non-bailable Court of Session.
45 of 1860.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 1 2 3 4 5 6 Persons committing offence of rape on a woman under sixteen years of age.
(b) after the entries relating to section 376A, the following entries shall be inserted, namely:— 1 2 3 4 5 6 "376AB Person committing Rigorous imprisonment Cognizable Non-bailable Court of an offence of rape of not less than 20 years Session.";
on a woman but which may extend under twelve to imprisonment years of age. for life which shall mean imprisonment for the remainder of that person's natural life and with fine or with death.
(c) after the entries relating to section 376D, the following entries shall be inserted, namely:— 1 2 3 4 5 6 "376DA Gang rape on a Imprisonment Cognizable Non-bailable Court of woman under sixteen for life which shall Session.
years of age. mean imprisonment for the remainder of that person's natural life and with fine.
376DB Gang rape on Imprisonment for Cognizable Non-bailable Court of woman under life which shall Session.".
twelve mean imprisonment years of age. for the remainder of that person's natural life and with fine or with death.
CHAPTER V AMENDMENT TO THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
25. In section 42 of the Protection of Children from Sexual Offences Act, 2012, for the figures and letters "376A, 376C, 376D", the figures and letters "376A, 376AB, 376B, 376C, 376D, 376DA, 376DB" shall be substituted.
26. (1) The Criminal Law (Amendment) Ordinance, 2018 is hereby repealed.
Amendment of section 42 of Act No.32 of
2012.
Repeal and savings.
Ord. No.2 of 2018.
Rigorous imprisonment for a term which shall not be 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.
Cognizable Non-bailable Court of Session.";
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
(2) Notwithstanding such repeal, anything done or any action taken under the Indian Penal Code, the Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012, 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.
45 of 1860.
1 of 1872.
2 of 1974.
32 of 2012.
MGIPMRND—1644GI(S3)—11-08-2018.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
———— DR. G. NARAYANA RAJU, Secretary to the Govt. of India.
2018-08-11T18:39:15+0530 MANOJ KUMAR