REGISTERED NO. DIc=(N)04/0007l2003 13 Cfi1 'lh~ <Ga!ette tIC~iG ~ EXIRAORDINARY 'WI' U-wq 1
PART U - Section I ~ -« VCfiIftm PUBLISHED BY AUTHORITY "«0 17J No.17J ~~,~, arm 2, 2013rQ 12, 1935 (~) NEW DELHI, TUESDAY, APRIL 2, 2013/CHAITRA 12, 1935 (SAKA) 45 of 1860. ~ 'ff1T 11 f'F;r 1fl!O~~ \5ffiit t~ fcti~ Sffi1T~ ri'~ 11 \8T~fi I Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 2nd April, 2013/Chaitra 12, 1935 (Saka) The following Act of Parliament received the assent of the President on the 2nd April, 2013, and is hereby published for general information:- THE CRIMINAL LAW (AMENDMENT) ACT, 2013 No. 13 OF 2013 [2nd April, 2013] ANACT further to amend the IndianPenal Code, the Code ofCriminal Procedure, 1973, the IndianEvidenceAct, 1872and the Protection ofChildrenfrom Sexual OffencesAct, 2012. BE it enacted by Parliament in the Sixty-fourthYearofthe Republic ofIndia as follows:
CHAPTER I PRELIMINARY
1. (1) This Act may be called the Criminal Law (Amendment) A~i, 2013.
(2) It shall be deemed to have come into force on the 3rd day ofFebruary, 2013. CHAPTERn 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.". Short title and commencement. Amendment of section
100. 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART11- Insertion of new 3. I.fter section 166 of the Penal Code, the following sections shall be inserted, sections 166A namely:- and 1668. Public servant disobeying direction under law. Punishment for non treatment of victim. Amendment of section 228A. Insertion of new sections 326A and
3268. Voluntarily causing grievous hurt by use of acid, etc. Voluntarily throwing or attempting to throw acid. "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 ofany 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 ofthe Code ofCriminal Procedure, 1973, in relation to cognizable 2 of 1974. offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 3760, 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 fme.
166B. Whoever, being in charge ofa hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions ofsection 357C ofthe Code ofCriminal Procedure, 1973, 2 of 1974. shall be punished with imprisonment for a term which may extend to one year or with fme or with both.".
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 3760", the words, figures and letters "offence under section 376, section 376A, section 376B, section 376C, section 3760 or section 376E" shall be substituted.
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 ofcausing 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 fme:
Provided that such fine shall be just and reasonable to meet the medical expenses ofthe treatment ofthe 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 ofeither 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 fme.
Explanation I.-For the pwposes 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 pwposes of section 326A and this section, permanent or partial damage or deformity shall not be required to be irreversible.'. SEC. 1] THE GAZETTE OF lNDIAEXTRAORDINARY 3
6. In section 354 ofthe Penal Code, for the words "shall be punished with imprisonment ofeither description for a tenn which may extend to two years, or with fine, or with both", the words "shall be punished with imprisonment ofeither description for a tenn which shall not be less than one year but which may extend to five years, and shall also be liable to fme" shall be substituted.
7. After section 354 ofthe Penal Code, the following sections shall be inserted, namely:- '354A. (1) Aman committing any ofthe following acts-
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(il) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(tv) making sexually coloured remarks, shall be guilty of the offence ofsexual harassment.
(2) Any man who commits the offence specified in clause (l) or clause (il) or clause (iii) ofsub-section (1) shall be punished with rigorous imprisonment for a tenn which may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (tv) ofsub-section (1) shall be punishedwith imprisonment ofeither description for a tenn which may extend to one year, or with fme, 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 ofeither description for a tenn which shall not be less than three years but which may extend to seven years, and shall also be liable to fme.
354C. Any man who watches, or captures the image ofa 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 ofeither description for a tenn 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 c(jnviction, with imprisonment of either description for a tenn which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
Explanation I.-For the purpose ofthis 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 ofa kind ordinarily done in puelic.
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 ofdisinterest by such woman; or 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 fQrce to woman with intent to disrobe. Voyeurism. Stalking. 4 THE GAZETTE OF INDIA EXTRAORDINARY [PARI'11- Substitution of new sections 370 and 370A for section
370. Trafficking of person.
(il) monitors the use by a woman ofthe intelllet, email or any other form ofelectronic communication, commits the offence ofstalking:
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 ofcrime by the State; or
(il) 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 particularcircumstances suchconduct was reasonable andjustified.
(2) Whoever commits the offence ofstalking shall be punished on first conviction with imprisonment ofeither description for a term which may extend to three years, and shall also be liable to fme; and be punished on a second or subsequent conviction, with imprisonment ofeither description for a term which may extend to five years, and shall also be liable to fine.'.
8. For section 370 of the Penal Code, the following sections shall be substituted, namely:- '370. (I) 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 ofcoercion, or Thirdly. - by abduction, or Fourthly.- by practising fraud, or deception, or Fifthly.- by abuse ofpower, or Sixthly.- by inducement, including the giving or receiving ofpayments or benefits, in order to achieve the consent ofany person having control over the person recruited, transported, harboured, transferred or received, commits the offence oftrafficking.
Explanation 1.-The expression "exploitation" shall include any act ofphysical exploitation or any form ofsexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal oforgans.
Explanation 2.-The consent ofthe victim is immaterial in determination ofthe offence oftrafficking.
(2) Whoever commits the offence oftrafficking 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 fme.
(3) Where the offence involves the trafficking ofmore 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 fme.
(4) Where the offence involves the trafficking ofa 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 ofmore than one minor, it shall be punishable with rigorous imprisonment for a term which shall not be less thanfourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. SEC. 1] THE GAZETTE OF INDIAEXTRAORDINARY 5
(6) If a person is convicted of the offence oftrafficking ofminor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder ofthat person's natural life, and shall also be liable to fme.
(7) When a public servant or a police officer is involved in the trafficking ofany person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainderofthat person's natural life, and shall also be liable to fme.
370A. (/) 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 fme.
(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 fme.'.
9. For sections 375, 376, 376A, 376B, 376C and 376D ofthe Penal Code, the following sections shall be substituted, namely:- '375. Aman is said to commit "rape" ifhe-
(0) 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 ofa woman or makes her to do so with him or any other person; or
(c) manipulates any part ofthe body ofa woman so as to cause penetration into the vagina, urethra, anus or any part ofbody ofsuch woman or makes her to do so with him or any other person; or
(d) applies his mouth to the vagina, anus, urethra ofa woman or makes her to do so with him or any other person, under the circumstances falling under any ofthe 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 ofdeath or ofhurt. 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. Exploitation of a trafficked person. Substitution of new sections for sections 375, 376, 376A,3768, 376C and
376D. Rape. 6 THE GAZETIE OF INDIA EXTRAORDINARY [PARTII- Punishment for rape. Sixthly.-With or without her consent, when she is under eighteen years of age. Seventhly.-When she is unable to communicate consent.
Explanation I.-For the purposes of this section, "vagina" shall also include labia majora.
Explanation 2.-Coqsent 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 ofpenetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.
Exception I.-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 ofage, 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 fme.
(2) Whoever,-
(a) being a police officer, commits rape- (I) within the limits ofthe police station to which such police officer is appointed; or
(il) in the premises of any station house; or
(iil) on a woman in such police officer's custody or in the custody ofa 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 ofthe 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 staffofajail, remand home or other place ofcustody 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 staffofa 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 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 5 of 1861.
(j) commits rape, on a woman incapable ofgiving consent; or
(k) being in a position of control or dominance over a woman, commits rape on such woman; or (I) commits rape on awoman suffering from mental orphysical disability; or
(m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life ofa 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 fme.
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 ofthe Central Government or the State Government;
(b) "hospital" means the precincts ofthe hospital and includes the precincts ofany institution for the reception and treatment ofpersons during convalescence or ofpersons requiring medical attention or rehabilitation;
(c) "police officer" shall have the same meaning as assigned to the expression "police" under the Police Act, 1861; (<1) "women's or children's institution" means an institution, whether called an orphanage or a home fer 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 ofwomen or children.
376A. Whoever, commits an offence punishable under sub-section (1) or sub section (2) ofsection 376 and in the course ofsuch 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 ofthat person's natural life, or with death.
376B. \\-'hoover 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 ofeithet 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 fme.
Explanation.-In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) ofsection 375.
376C. Whoever, being-
(a) in a position ofauthority 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 ofa hospital or being on the staffofa 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 ofrape, shall be punished with rigorous imprisonment ofeither 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. 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. 8 THE GAZETTE OF INDIA EXTRAORDINARY [PARTll- Gang rape. Punishment for repeat offenders. Amendment of section
509.
Explanation 1,-In this section, "sexual intercourse" shall mean any ofthe acts mentioned in clauses (a) to (d) ofsection 375.
Explanation 2. -For the purposes ofthis section, Explanation 1 to section 375 shall also be applicable.
Explanation 3.-"Superintendent", in relation to a jail, remand home or other place ofcustody 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 orchildren's institution" shall respectively have the same meaning as in Explanation to sub-section (2) ofsection 376.
3760. Where a woman is raped by one or more persons constituting a group or acting in furtherance ofa common intention, each ofthose persons shall be deemed to have committed the offence ofrape 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 ofthat person's natural life, and with fine:
Provided that such fine shall be just andreasonable to meet the medical expenses and rehabilitation ofthe victim:
Provided further that any fine imposed under this section shall be paid to the victim.
376E. Whoever has been previously convicted ofan offence punishable under section 376 or section 376A or section 3760 and is subsequently convicted of an offence punishable under any ofthe said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder ofthat 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 fme" shall be substituted. CHAPTERIII AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973 Amendment 11. In the Code ofCriminal Procedure, 1973 (hereafter in this Chapter referred to as 2 of 1974. of section 26. the Code ofCriminal Procedure), in section 26, in the proviso to clause (a), for the words, figures and letters "offence under section 376 and sections 376A to 3760 of the Indian Penal Code", the words, figures and letters "offence under section 376, section 376A, 45 of 1860. section 376B, section 376C, section 3760 or section 376E ofthe Indian Penal Code" shall be substituted. Amendment of section
54A.
12. In section 54A ofthe Code ofCriminal 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 ofa Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with: SEC. 1] THE GAZETTE OF INDIAEXTRAORDINARY 9 45 of 1860. 45 of 1860. 45 of 1860. 45 of 1860.
Provided further that ifthe person identifying the person arrested is mentally or physically disabled, the identification process shall be videographed.".
13. In section 154 ofthe Code ofCriminal Procedure, in sub-section (1), the following provisos shall be inserted, namely:- "Provided that ifthe 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 3760, 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 thatea) in the event that the person against whom an offence under section 354, section 354A, section354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 ofthe 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 ofthe 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 ofsuch information shall be videographed;
(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) ofsub-section (5A) ofsection 164 as soon as possible.".
14. In section 160 ofthe Code ofCriminal Procedure, in sub-section (1), in the proviso, for the words "under the age offifteen years or woman", the words "under the age offifteen 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 ofa woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 3540, section 376, section 376A, section 376B, section 376C, section 3760, 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 ofthe Code ofCriminal 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 orsection 509 ofthe Indian Penal Code, the Judicial Magistrate shall record the statement ofthe 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 ofthe police:
Provided that ifthe person making the statement is temporarily or permanently mentally or physically disabled, the Magistrate shall take the assistance ofan 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 ofan interpreter or a special educator, shall be videographed. Amendment of section
154. Amendment of section
160. Amendment of section
161. Amendment of section
164. 10 THE GAZETTE OF INOIAEXTRAORDINARY [pARfII- 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 Indian Penal Code. Treatment of victims.
(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 ofthe Indian EvidenceAct, 1872 such that the maker ofthe statement can be cross-examined on such statement, without the need for recording the same at the time oftrial.".
17. In section 173 ofthe Code ofCriminal Procedure, in sub-section (2), in sub-elause (h) ofclause (I), for the words, figures and letter "or 3760 ofthe Indian Penal Code", the words, figures and letters" 3760 or section 376E ofthe Indian Penal Code" shall be substituted.
18. In section 197 ofthe Code ofCriminal Procedure, after sub-section (1), the following
Explanation shall be inserted, namely:- "Explanation.-For the removal ofdoubts it is hereby declared that no sanction shall be required in case of a public servant accused of any offf'dce alleged to have been committed under section 166A, section 166B, section 354, section 354A, section 354B, section 354C, section 3540, section 370, section 375, section 376, section 376A, section 376C, section 3760 or section 509 ofthe Indian Penal Code.".
19. After section 198A ofthe Code ofCriminal Procedure, the following section shall be inserted, namely:- "198B. No Court shall take cognizance of an offence punishable under section 376B ofthe Indian Penal Code where the persons are in a marital relationship, except uponprimafacie 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 ofawoman below the age ofeighteenyears 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 ofcross-examination ofthe accused.".
21. In section 309 ofthe Code ofCriminal 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-dayuntil all the witnesses inattendance 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 3760 ofthe IndianPenal Code, the inquiry or trial shall, as far as possible be completed within a period oftwo months from the date of filing of the charge sheet.".
22. In section 327 ofthe Code ofCriminal Procedure, in sub-section (2), for the words, figures and letter "or section 3760 ofthe Indian Penal Code", the words, figures and letters "section 3760 or section 376E ofthe Indian Penal Code" shall be substituted.
23. After section 357Aofthe Code ofCriminal 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 fme to the victim under section 326A or section 3760 ofthe 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 frrst-aid or medical treatment, free ofcost, to the victims ofany offence covered under section 326A, 376, 376A, 376B, 376C, 3760 or section 376E ofthe Indian Penal Code, and shall immediately inform the police ofsuch incident.". 1 of 1872. 45 of 1860. 45 of 1860. 45 of 1860. 45 of 1860. 45 of 1860. 45 of 1860. 45 of 1860. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11 45 of 1860.
24. In the First Schedule to the Code of Criminal Procedure, under the heading "I.-QFFENCES UNDERTHE INDIAN PENALCODE",-
(a) after the entries relating to section 166, the following entries shall be inserted, namely:- 2 3 4 5 6 "166A Public servant Imprisonment Cognizable Bailable Magistrate of the disobeying for minimum first class. direction under 6 months law. which may extend to 2 years and fine. 166B Non-treatment Imprisonment Non- Bailable Magistrate of victim by for I year or cognizable of the first hospital. fine or both. class.";
(b) after the entries relating to section 326, the following entries shall be inserted, namely:- 2 3 4 5 6 Amendment of First Schedule. "326A 326B Voluntarily causing grievous hurt by use of acid, etc. Voluntarily throwing or attempting to throw acid. Imprisonment for Cognizable not less than 10 years but which may extend to imprisonment for life and fine to be paid to the victim. Imprisonment for Cognizable 5 years but which may extend to 7 years and with fme. Non-bailable Non bailable Court of Session. Court of Session.";
(c) for the entries relating to section 354, the following entries shall be substituted, namely:- 2 3 4 5 6 Cognizable Bailable "354 354A Assault or use of criminal force to woman with intent to outrage her modesty. Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours, showing pornography. Sexual harassment of the nature of making sexually coloured remark. Imprisonment of Cognizable I year which may extend to 5 years, and with fine. Imprisonment which may extend to 3 years or with fine or with both. Imprisonment Cognizable which may extend to I year or with fine or with both. Non bailable Bailable Any Magistrate. Any Magistrate. Any Magistrate. 12 THE GAZETTE OF INDIA EXTRAORDINARY [pAKfII- 2 3 4 5 6 354B Assault or use of Imprisonment of Cognizable Non- Any Magistrate. criminal force to not less than bailable woman with intent 3 years but which to disrobe. may extend to 7 years and with fine. 354C Voyeurism. Imprisonment of Cognizable Bailable Any Magistrate. not less than 1 year but which may extend to 3 years and with fine for first conviction. Imprisonment of Cognizable Non- Any Magistrate. not less than bailable 3 years but which may extend to 7 years and with fine for second or subsequent conviction. 354D Stalking. Imprisonment Cognizable Bailable Any Magistrate. up to 3 years and with fine for first conviction. Imprisonment Cognizable Non- Any Magistrate."; up to 5 years bailable and with fine for second or subsequent conviction.
(d) for the entries relating to section 370, the following entries shall be substituted, namely:- 2 3 4 5 6 "370 Trafficking Imprisonment of Cognizable Non- Court of Session. of person. not less than bailable 7 years but which may extend to 10 years and with fine. Trafficking Imprisonment of Cognizable Non- Court of Session. of more than not less than bailable one person. 10 years but which may extend to imprisonment for life and with fine. Trafficking Imprisonment of Cognizable Non- Court of Session. of a minor. not less than bailable 10 years but which may extend to imprisonment for life and with fine. Trafficking Imprisonment of Cognizable Non- Court of Session. of more than not less than bailable one minor. 14 years but which may extend to imprisonment for life and with fine. SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 13 2 3 4 5 6 Person Imprisonment for Cognizable Non-bailable Court of Session. convicted of life which shall offence of mean the trafficking of remainder of that minor on more person's natural than one occasion. life and with fine. Public servant Imprisonment for Cognizable Non-bailable Court of Session. or a police officer life which shall involved in mean the trafficking of remainder of that minor. person's natural life and with fine. 370A Exploitation Imprisonment of Cognizable Non-bailable Court of Session. of a trafficked not less than child. 5 years but which may extend to 7 years and with fine. Exploitation Imprisonment of Cognizable Non-bailable Court of Session."; of a trafficked not less than person. 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:- 2 3 4 5 6 Cognizable "376 Rape. Rape by a police officer or a publ ic 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. Rigorous Cognizable imprisonment of not less than 7 years but which may extend to imprisonment for life and with fine. 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. Non-bailable Non-bailable Court of Session. Court of Session. 14 THE GAZETTE OF INDIA EXTRAORDINARY [pARTII- 2 3 4 5 6 376A Person committing Rigorous Cognizable Non-bailable Court of Session. an offence of imprisonment of rape not less than and inflicting 20 years but injury which which may extend causes death or to imprisonment causes the woman for life which to be in a persistent shall mean vegetative state. imprisonment for the remainder of that person's natural life or with death. 376B Sexual intercourse Imprisonment Cognizable Bailable Court of Session. by husband upon for not less than (but only on his wife 2 years but the complaint during which may of the victim) separation. extend to 7 years and with fine. 376C Sexual Rigorous Cognizable Non-bailable Court of Session. intercourse by imprisonment a person in for not less than authority. 5 years but which may extend to 10 years and with fine. 376D Gang rape. Rigorous Cognizable Non-bailable Co.urt of Session. 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. Imprisonment Cognizable Non-bailable Court of Session."; for life which shall mean imprisonment for the remainder of that person's natural life or with death. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15 I of 1872. 45 of 1860. 45 of 1860. 45 of 1860. 45 of 1860.
(j) in entryrelating to :;ection 509, in colwnn 3, for the words "Simple imprisonment for one year, or fme, or both,", lhe words and figure "Simple imprisonment for 3 years and with fine " shall be substituted. CHAPfERN AMENDMENTS TO THE INDIAN EVIDENcEAcr, 1872
25. After section 53 ofthe 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 3540, section 376, section 376A, section 376B, section 376C, section 3760 or section 376E ofthe Indian Penal Code>or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character ofthe victim or ofsuch 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 ofthe Evidence Act, the following section shall be substituted, namely:- '114A. In a prosecution for rape under clause (a), clause (b), clause (c), ~~~~~~~~~~~~~~~m clause (I), 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 ofthe 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 ofthe 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 3760 or section 376E ofthe 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.". 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 rapCl. Substitution of new section for se~tion 119. Witness unable to communicate verbally. Amendment of section
146. 16 THE GAZETTE OF INDIA EXTRAORDINARY [PART n-SEC. I] Substitution of new sections for section 42. Alternate punishment. Act not in derogation of any other law. CHAPlERV AMENDMENT TO TIlE PROTECTION OF CHllDREN FROM SEXUAL OFFENCES ACT, 2012
29. For section 42 ofthe Protection ofChildren from Sexual OffencesAct, 2012, the 32 of 2012. following sections shall be substituted, namely:- "42. Where an act or omission constitutes an offence punishable under this Act and also under sections I66A, 354A, 354B, 354C, 3540, 370, 370A, 375, 376, 376A, 376C, 3760, 376E or section 509 of the Indian Penal Code, then, notwithstanding 45 of 1860. 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 ofthis 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 ofthis Act shall have overriding effect on the provisions of any such law to the extent of the inconsistency.". CHAPlERVI MISCELLANEOUS Repeal and savings.
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. P.K. MALHOTRA, Secretary to the Govt. ofIndia. CORRIGENDA In the Readjustment ofRepresentation of Scheduled Castes and Scheduled Tribes in Parliamentary andAssembly Constituencies Ordinance, 2013 (Ord. 2 of2013)as published in Gazette ofIndta, Extraordiniuy, Part II, Section 1; dated the 30th JanUiuy, 2013 (Issue No. 7):-
1. At page I, in the long titie,for "the inclusion", read "inclusion".
2. At page 2, in line 9,for "Sheduled", read "Scheduled".
3. At page 3,-
(i) in line 31,for "disolution", read "dissolution";
(ii) in line 37,for "ommission", read "omission";
(iii) in line 40,for "expendient", read "expedient". CORRIGENDA The Criminal Law (Amendment) Ordinance, 2013 (Ord. 3 of2013) as published in the Gazette ofIndia, Extraordiniuy, Part II, Section I, dated the 3rd FebTUiuy, 2013 (Issue No. 8):-
1. At page 11, in line 30,for "proviso", read "provisos".
2. At page 15, in column 3 against section 354C, in line 38,for "year", read "years".
3. At page 16, in line l,for "sections", read "section". PRINTED BY TIlE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINTO ROAD. NEW DELHI AND PUBLISHED BY CONTROLLER OF PUBLICATIONS. DELHI-2013 GMGIPMRND-08GI(S4)-02-Q4..2013. Oed. 3 of
2013. 45 of 1860. 2 of 1974. 1 of 1872.