REGISTERED No. D- (D) -72 'रजिस्ट्रॉ सं ० डी-( डी) -72
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-वण्य 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्लो, सोमवार, दिसम्बर 26 , 1983/पौष 5, 1905
قطط सं० 50)
No. 56]
NEW DELHI , MONDAY, DECEMBER 26 , 1983/PAUSA 5, 1905
इस भाग में भिन्न पृष्ठ संख्या की जाती ही जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
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 ( SECOND AMENDMENT ) ACT , 1983
No. 46 OF 1983
[25th December, 1983 ]
An Act further to amend the Indian Penal Code , the Code of Crimi- nal 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 ( Second Amendment) Act, 1983 .
2. In the Indian Penal Code , after Chapter XX, the following Chapter shall be inserted , namely: --
Amend- ment of Act45 of 1860.
' CHAPTER XXA
OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
498A. Whoever, being the husband ΟΓ 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.
ог ге- Husband lative of husband of a woman sub- jecting her to cruelty.
(1) 2
PART ...
THE GAZETTE OF INDIA EXTRAORDINARY
T
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
(b) harassment of the woman where such harassment is 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. ' .
2of1974.
Amend- ment of section 174.
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 Do to do, he shall" , the following shall be substituted , namely: - "When-
(i ) the case involves suicide by a woman within seven years ofher 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 re- lation to such woman ; or
( iii) 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 ex- pedient so to do ,
he shall " .
Amend- ment of section 176.
dies 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 and figures " When any person 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:-
Inser- tion of new section 198A.
45 of 1860 "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 ." .
Prose- cution of offences under section 498A of the Indian Penal Code.
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 1 ]
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:-
Offence
Punishment Section
Bailable or By what Court
Cognizable or non - rog-
2
3
Amend ment of the First Sche- dule, nizable
triable non- bailable
6 4
"CHAPTER XXA - OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
498A
Imprisonment for three years and fine.
Punishınent for subjecting a martied woman to cruelty.
Non- bailable
Magistrate of the first class ." .
Cognizable if inforına- tion relating to tur com- mission of the offence is given to an officer in charge of a police sta- tion by the person agg- rieved by the offence or by any person related to her by blood , maırı- age or adoption or if there is no such relative , by any public servant belonging to such class or category as may be notified by the State Government in this be- half.
7. In the Indian Evidence Act , 1872 , after section 113 , the following section shall be inserted , namely : -
Amend- ment of Act1 of 1872.
Presump- tion asto abetment ofsuicide bya married woman.
any ' 113A . When the question is whether the commission of suicide by a woman had been abetted by her husband or relative of her husband and it is shown that she had committed suicide within a period 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 .
45 of 1860 .
Explanation . For the purposes of this section , " cruelty " shall have the same meaning as in section 498A of the Indian Penal Code.' .
R. V. S. PERI SASTRI , Secy . to the Govt. of India.
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 1983 NEW