"376DA. Where a woman under sixteen years of age, 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 imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with tine:
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.
376DB. Where a woman under twelve years of age 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 imprisonment for life which shall mean imprisonment for the remainder of that person's natural fife, and with fine or with death:
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.".
insertion of new sections 376 DA and 376 DB.
Punishment for gang rapo on woman umicr sixteen years of age.
hmishment for gang rape on woman under twelve years of age.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 Amendment to section 146.
CHAPTER III AMENDMENTS TO TI-I INDIAN -:V [Dl ACT, )1172
7. In section 53A of the Indian Evidence Act, 1872 (hereafter in this Chapter referred to as the Evidence Act), for the words, figures and letters -section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 37613, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.
8. In section 146 of the Evidence Act, in the proviso, for the words, figures and letters "section 376A, section 376B, section 376C, section 3761 ", the words, letters and figures "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.
Amendment 0r section 26, Amendment of sectic511 15.1.
CHAPTER IV AMENDMENTS TO THE CODE OF CRIM[NAL PROCEDURE, 1973
9. In the Code of Criminal Procedure, 1973 (hereafter in this Chapter referred to as the Code of Criminal Procedure), in section 26, in clause (a), in the proviso, for the words, figures and letters "section 376A, section 376B, section 376C, section 3761D", the words, figures and letters "section 376A. section 376AB, section 37613, section 3760, section 376D, section 376DA, section 376DB" shall he substituted.
la. In section 154 of the Code of Criminal Procedure, in sub-section (1),- 2 of 1974,
(1) in the first proviso, for the words, figures and letters "section 376A, section 376B, section 3760, section 376D,", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA,section 376DB," shall be substituted;
(ii) in the second proviso, in clause (a), for the words, figures and letters "section 376A, section 376B, section 3760, section 37613,", the words, figures and letters "section 376A, section 376AB, section 376B, section 3760, section 376D, section 376DA, section 376DB," shall be substituted.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 1 of 1872.Amendment to section 53.
11. In section 361 of the Code of Criminal Procedure, in sub-section (3), in the second proviso, for the words, figures and letters "section 376A, section 376B, section 3760, section 37613,", the words. figures and letters "section 376A, section 376AB, section 37613, section 376C, section 376D, section 376DA, section 3761)13," shall be substituted.
12. In section 164 of the Code of Criminal Procedure, in sub-section (5A), in clause (a), for the words, figures and letters "section 376A, section 376B, section 376C, section 37613,", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB," shall be substituted.
13. In section 173 of the Code of Criminal Procedure,- Amend-limit of aGn ;64.
Amendment of section 173.
45 of 186()_
(i) in sub-section (1A), for the words "rape of a child may be completed within three months", the words, figures and letters "an offence under sections 376, 376A, 376AB, 376B, 376C, 3761), 376DA, 376DB or section 376E of the Indian Penal Code shall be completed within two months" shall be substituted;
(ii) in sub-section (2), in clause (i), in sub-clause (h), for the figures, letters and word "376A, 3768, 376C, section 376D", the figures and letters "376A, 376AB, 376B, 376C, 37613, 376DA, 3761713' shall be substituted,
14. In section 197 of the Code of Criminal Procedure, in sub-section (1), in the Explanation, for the words, figures and letters "section 376A, section 3760, section 376D", the words, figures and letters "section 376A, section 376AB, section 376C, section 37617, section 376DA, section 376DB" shall be substituted.
15. In section 309 of the Code of Criminal Procedure, in sub-section (1), in the proviso, for the words, figures and letters "section 376A, section 376B, section 376C or section 376D of the Indian Penal Code, the inquiry or trial shall, as far as possible", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA or section 376DB of the Indian Penal Code, the inquiry or trial shall" shall he substituted.
16. In section 327 of the Code of Criminal Procedure, in sub-section (2), for the words, figures and letters "section 376A, section 376B, section 376C, section 3760", the words, figures and letters "section 376A, section 376AB, section Amendment of section 197.
Amendment to section 309.
Amendment to section 327.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 Amendment of section 161.
Amendment to section 351C, Amendment of section 374_ Amendment of section 377.
Amendment of section 418.
Amendment of section 439.
376B, section 376C, section 3760, section 376DA, section 376DB" shall be substituted.
17. In section 35773 of the Code of Criminal Procedure, for the words, figures and letters "under section 326A or section 3760 of the Indian Penal Code", the words, figures and letters "under section 326A, section 376AB, section 3760, section 376DA and section 376DB of the Indian Penal Code" shall be substituted_
18. In section 357C of the Code of Criminal Procedure, for the figures and letters "376A, 376B, 3760. 376D", the figures and letters "376A, 376AB, 376B, 376C, 3761D, 376DA, 376DB" shall be substituted.