Subject NOT available · Indian Gazettes

click here for IIIF manifest

REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 53] 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 informa- tion: —

THE CRIMINAL LAW (AMENDMENT) ACT, 1983

No. 43 OF 1983

[25th December, 1933] 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: —

Short title.

1. This Act may be called the Criminal Law (Amendment) Act, 1983.

45 of 1860.

2. In the Indian Penal Code (hereinafter referred to as the Penal Code), after section 228, the following section shall be inserted, namely: —

Insertion

of new

section

228A.

Disclosure

of identity

of the

victim at

certain

offences,

etc.

'228A. (1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punish- ed with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

(2) Nothing in sub-section (1) extends to any printing or publi- cation of the name or any matter which may make known the identity of the victim If such printing or publication is—

(a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investiga-

(1)

a THE GAZETTB OF INDIA EXTRAORDINARY [PART II—

tion into auch offence acting in good faith for the purposes of

ffuch investigation; or

(by by, or with the authorisation in writing of, the victim;

(c) where the victim is dead or minor or of unsound mind,

by, or with the authorisation in writing of, the next of kin of

the victim:

Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secre- tary, by whatever name called, of any recognised welfare institution or organisation.

Explanation—For the purposes of this sub-section, "recognised welfare institution or organisation" means a social welfare institu- tion or organisation recognised in this behalf by the Central or State Government.

(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to In sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two yearg and shall also be liable to fine.

Explanation.—The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.'.

3- In the Penal Code, for the heading "Of rape" occurring imme- diately before section 375 and for sections 375 and 376, the following heading and sections shall be substituted, namely: —

Substitu- tion of new sec- tions for •ectiona 375 and 376.

'Sexual offences

Rape.

375. A man is said to commit "rape" who, except in the case

hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following 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

1B not her husband, and that her consent is given because "he

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

puch consent, by reason of unsoundneps of mind or intoxication

or the administration by him personally or through another of

fcc. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

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 ia under sixteen years of age.

Explanation.—Penetration is sufficient to constitute the sexual Intercourse necessary to the offence of rape.

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

Punish- g^ merit foF^ rape.

376. (1) Whoever, except in the cases provided for by sub- jection (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(2) Whoever,-—

(a) being a police officer commits rape—

(i) within the limits of the police station to which he is appointed; or

(ii) in the premises of any station house whether or not situated in the police station to which he Is appointed; or

(iii) on a woman in his custody or in the custody of " police officer subordinate to him; or

(b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as sucb public servant or in the custody of a public servant subordinate to him; or

(c) 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'*) institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institu- tion; or

(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

(e) commits rape on a woman knowing her to be pregnant:

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART l i-

ft) commits rape on a woman when she is under twelve

years of age; or

(g) commits gang rape,

shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine:

Provided that the court may, for adequate and special reasons to be mentioned In the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.

Explanation 1,—Where a Woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.

Explanation 2.—"women's or children's institution" means an institution, whether called an orphanage or a home for neglected women or children or a widows' home or by any other name, which is established and maintained for the reception and care of women or children.

Explanation 3.—"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,,

376A. Whoever has sexual intercourse with his own wife, who is living separately from him under a decr"e of separation or under any custom or usage without her consent shall be punished with imprisonment* of either description for a term which may extend to two years and shall also be liable to fine.

Inter- course by a man with his wife during separa- tion.

Inter- course by public servant with woman in his custody.

376B. Whoever," being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rapeT shall be punished with irr^jrisonment of either description for a term which may extend to five years and shall also be liable to fine.

Inter- course by superin- tendent of jail, remand home, etc.

376C. Whoever, being the 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 of a women's or children's institu- tion takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprison- ment of either description for a term which may extend to five years and shall also be liable to fine.

"";. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

Eocplanation 1.—"superintendent" in relation to a jail, remand

home or other place of custody or a women's or children's institu- tion includes a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates.

Explanation 2.—The expression "women's or children's institu- tion" shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.

376D. Whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.

Explanation,—The expression "hospital" shall have the same

meaning as in Explanation 3 to sub-section (2) of section 376.'.

Inter- course by any member of the manage- ment or staff of • hospital with any woman in that hospital.

2 mt 1874.

Amend- ment of section 327.

4. In the Code of Criminal Procedure, 1973 (hereinafter referred to as the Criminal Procedure Code), section 327 shall be renumbered as sub-section (7) of that section and after it, as so renumbered, the fol- lowing sub-sections shall be inserted, namely¹: —

45 of lUt.

"(2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an offence under section 376, section 376A, section 37GB, section 376C or section 376D of the Indian Penal Code shall be conducted in camera:

Provided that the presiding judge may, if he thitaks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain inf the room or building used by the court.

(3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print or publish any matter in relation to any such proceedings, except with the previous per- mission of the court.".

5. In the First Schedule to the Criminal Procedure Code, under the

heading "I.—Offences under the Indian Penal Code",—

Amend- ment of the First Schedule, (a) after the entries relating to section 228, the following

entries shall be inserted, namely: —

"aa8A

Cognizable

Bailable

Any Magistrate.

Imprisonment for two yenrs and fine.

Disclosure of identity of the victim of cer- tain offence •, etc.

Ditlo

Ditto

DiUo

Ditto.";

Printing or pub- lication of a proceeding with- out prior permis- sion of court.

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SBC. 1]

(b) for the entries relating to section 376, the following entries

shall be substituted, namely: —

Court of Session.

Qogn iiablc

JUpe

Non-bailable

Imprisonment

for life or impri-

sonment for ten

years and fine.

Non-cogni"able

Ditto.

Bailable

Imprisonment

for two years or

fine or both.

Intercoursr by

a man with hi"

wife not being

under twelve

y on of age.

Ditto

Ditto -

Ditto.

376A

Imprisonment

for two years

and flue.

Intercourse by

a rain with his

wife during

separation.

376B

Imprisonment

for five years

and line.

Ditto.

t no de nt or Dit 0 r of

Intercourse by

publi,c servant

•with woman in

hii custody.

Ditto

Cogrizeble (bu

arrest shall be ma

without a wsrra;

without an orde

a Magistrate).

Ditto

976G

Ditto.

Intercourse by

superintendent

of jail, remand

home, etc.

Ditto

Dit'o

Ditto."

Intercourse by

m'nagrr, etc., of

a hospital with

any woman in

that hospital.

6. After section 114 of the Indian Evidence Act, 1872, the following 1 of 1872.

section shall be inserted, namely:—

Insertion of new- section 114A.

45 of 1860.

Presump- tion as to absence of consent in certain prosecu- tions for rape.

"114A. In a prosecution for rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) 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 she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.".

R. V. S. PERI SASTRI,