REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No 56] NEW DELHI, MONDAY, DECEMBER 26, 1983 PAUSA 3, 1905 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 26th December, 1983/Pausa 5, 1905 (Saka) The following Act of Parliament received the assent of the President on the 25th December, 1983, and' is hereby published for general information:— THE CRIMINAL LAW (SECOND AMENDMENT) ACT, 1983 No. 46 OF 1983 [25th December, 1983] An Act further to amend the Indian Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872. BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows: —
1. This Act may be called the Criminal Law (Second Amendment) Act, 1983.
2. In the Indian Penal Code, after Chapter XX, the following Chapter shall be inserted, namely: — 'CHAPTER XXA OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
498A. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished, with imprisonment for a term which may extend to three years and shall also be liable to fine. Short title. Amendment of Act 45 of
1860. Husband or relative of husband of a woman subjecting her to cruelty.
(1) . 2 THE GAZETTE OF INDIA EXTRAORDINARY [PAST H- '
Explanation.—For the purposes of this section, "cruelty" means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (t>) harassment of the woman where such harassment ia with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.'.
3. In the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code of Criminal Procedure), in section 174, in sub-section (3), for the words "When there is any doubt regarding the cause of death, or when for any other reason the police officer considers it expedient io to do, he shall", the following shall be substituted, namely: — "When—
(i) the case involves suicide by a woman within seven years of her marriage; or
(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or (Hi) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or
(iv) there is any doubt regarding the cause of death; or
(v) the police officer for any other reason considers it expedient so to do, he shall".
4. In section 176 of the Code of Criminal Procedure, in sub-section
(1), for the words "When any person dies while in the custody of the police", the words, brackets iand figtures "When any person dies while in the custody of the police or when the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174" shall be substituted,
5. In the Code of Criminal Procedure, after section 198, the following section shall be inserted, namely: — "198A. No Court shall take cognizance of an offence punishable under section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father's or mother's Brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.". Amendment of section
174. Amendment of section
176. Insertion of new section
198A. Prosecution of offences under section 498A of the Indian Penal Code. 2 of 1974. 45 of I860 SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 3
6. In the Code of Criminal Procedure, in the First Schedule, after the entries relating to section 498, the following entries shall be inserted, namely: — Section Offence 3 Punishment. Cognizable or non-cognizable 4 Bailable or B nonbjilable j y what Couit Ljiable 6 "CHAPTER XXA—OF ORUBLTY BY HUSBAND OR RELATIVES or HUSBAND 49CA Punishment for ^ibjecting a mariifd woman to cruelty. Imprisonment for three years and fine. Cognizable if information. icliLtinif to uii-coiiimusiou of thr offence is given to an officer in chaigf of ti police sta- Iton by thr person aggrieved bv the offence or bv any peison related to her bv blood, manriaije or .ifloption or if there is no such relative, by any public servant beloiit̂ in^ io such class or (.aî gorv a.1-, nuv Lie notified b/ the St.ite Government in this behalf. Nonbailable Magistrate of the first cla_is.". Amendment of the First Schedule,
7. In the Indian Evidence Act, 1872, after section 113, the following section shall be inserted, namely: — '113A. When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a ofriod of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.
Explanation.—For the purposes of this section, "cruelty" shall have the same meaning as in section 498A of the Indian Penal Code.'. Amendment ol Act 1 of
1872. Presumption as to abetment of suicide by a married woman. 45 of I860. R. V. S. PERI SASTRI, Secy, to the Govt. of India, PRINTED BY THE GENERAL MANAGER, OOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1983