(269)
RNI No. KARBIL/2001/47147
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MINISTRY OF LABOUR AND EMPLYOMENT
NOTIFICATION
New Delhi, the 14th September, 2012
S.O.2179 (E) :- Whereas, by notification of Government of India in the Ministry of Labour and Employment number S.O.383 (E),
dated 2nd February, 2009, the Central government constituted the Central Advisory Committee for a period of three years and the term
of the said Committee has since expired on 1st February, 2012;
And whereas, the Central Government is of the view that such a Committee must be reconstituted;
Now, therefore, in exercise of the powers conferred by section 6 of the Beedi Workers Welfare Fund Act, 1976 (62 of 1976) read
with sub-rule (1) of rule 3 and sub-rule(1) of rule 4 of Beedi Workers Welfare Fund Rules, 1978, the Central Government hereby
constitutes the Central Advisory Committee and appoints the following persons as Members of the said Committee for a period of three
years from the date of publication of this notification in the Official Gazette, namely:-
1.
Union Minister for Labour and Employment,
…….
Chairman
Government of India, New Delhi.
2.
Secretary,
…….
Vice-Chairman
Minister for Labour and Employment,
(ex officio)
Government of India, New Delhi.
3.
Dr. Syed Naseer Hussain,
…….
Vice-Chairman
154/XX, Market Street,
(Nominee representing employers
C.B.Bellary, Karnataka.
and workers organisations)
¸ÀA¥ÀÄl 148
Volume 148
¨ÉAUÀ¼ÀÆgÀÄ, UÀÄgÀĪÁgÀ, ªÉÄà 2, 2013 (ªÉʱÁR 12, ±ÀPÀ ªÀµÀð 1935)
Bangalore, Thursday, May 2, 2013 ( Vaishakha 12, Shaka Varsha 1935)
¸ÀAaPÉ 18
Issue 18
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270
4.
Additional Secretary,
…….
Member
Ministry of Labour and Employment,
(ex officio)
Government of India, New Delhi.
(Nominee of Central Government)
5.
Director General (Labour Welfare),
…….
Member
Ministry of Labour and Employment,
(ex officio)
Government of India, New Delhi.
(Nominee of Central Government)
6.
Welfare Commissioner,
…….
Member
Government of India,
(ex officio)
Labour Welfare Organisation
797, Shanti Kunj, South Civil Lines, Jabalpur-482001.
7.
Welfare Commissioner,
…….
Member
Government of India,
(ex officio)
Labour Welfare Organisation
Kendriya Sadan, Block-V (Ground Floor)
Sultan Bazar, Hyderabad-500195.
8.
Welfare Commissioner,
…….
Member
Government of India,
(ex officio)
Labour Welfare Organisation
5th Floor, 2nd M.S.O. Building, Nizam Place, 234/4,
Acharya Jagadish Chandra Bose Road, Kolkata-700020.
Members representing manufacturers of Beedi:
9.
Shri Rajnikant P. Patel,
President,
All India Bidi Industry Federation,
102, Popular House, Ashram Road, Ahmedabad-380009.
10.
Shri Sudhir Sable,
Secretary, All India Bidi Industry Federation,
Sable Waghire and Company Private Limited,
105, Bhawani Peth, Pune-4110412.
11.
Shri G. Ramanand,
Honorary Treasurer,
All India Manufactures` Organisaion,
GF-01, Crescent Classic,
105, Wheeler Road, Opposite ITC Factory, Bangalore-560005.
12.
Sri Arun C. Khanna,
Chairman, AIMO U.P. State Board,
VIC House, D-45, site No.3,
Meerut Road Industrial Area, Gahziabad-201003.
13.
Dr. Meena Pimplapure,
President,
M.P.Beedi Udyog Sangh,
1, Civil Lines, P.O. Box No.11,
Sagar-470001, Madhya Pradesh.
14.
Dr. Chandrakant Patel,
J B & Company,
24/25, Rupchand Roy Street, Kolkata-700 007.
15.
Shri Mahipal Reddy,
Advocate,
R/p. Hattikunj Village and Post,
Taluk Yadgir, District-Yadgir, Karnataka.
¨sÁUÀ 4
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271
Members representing workers:
16.
Shri Dharam Das Shukla,
Bharatiya Mazdoor Sangh,
44/26, South T.T. Nagar,
Bhopal-462 003, Madhya Pradesh.
17.
Shri B. Radhakrishnaiah,
Chief Vice-President, Andhra Branch INTUC,
26-3-1664, 6th Street, Chandramouli Nagar,
Nellore-524 004, Andhra Pradesh.
18.
Shri Md. Nizamuddin,
General Secretary,
All India Beedi Workers Federation (CITU),
22-A, Linton Street, Kolkata-700 014.
19.
Shri Jogendranath Tripathy,
General Secretary,
Hind Mazdoor Sabha, Odisha State Council,
At: Gudianali, Post Office and Dist. Dhenkanal-759001 (Odisha).
20.
Shri S.N. Thakur,
Secretary,
All India Trade Union Congress,
Chandrashekhar Bhawan, Mithanpura,
Muzaffarpur-842 002, Bihar.
21.
Shri Achintya Sinha,
Member, Secretariat, All India Committee,
All India United Trade Union Centre (AIUTUC),
77/2/1. Lenin Sarani, Kolkata-700013.
22.
Miss. Mini Tandakar,
…….
Member
Ex-Zilla Parishad President, Jharsuguda,
(Woman representative)
At : Post-Kulabira, District-Jharsuguda, Odisha-768213.
23.
Welfare Commissioner (Headquarters),
…….
Secretary
Ministry of Labour and Employment,
Government of India, New Delhi-110011.
The Headquarters of this Committee will be at New Delhi,
[No. U-23012/01/2011-W.II(C)]
ANIL SWARUP, Director General (Labour Welfare)/ Addl. Secy.
P.R. 24
S.C. 20
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F PɼÀPÀAqÀ The Criminal Law (Amendment) Ordinance, 2013 (No.3 of 2013) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 3rd February, 2013/Magha 14, 1934 (Saka)
THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2013
No. 3 of 2013
Promulgated by the President in the Sixty-fourthYear of the Republic of India.
An Ordinance further to amend the India Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act,
1872.
WHEREAS a Bill further to amend the Indian Penal Code; the Code of Criminal Procedure, 1973 and the Indian Evidence Act,
1872 was introduced in the House of the People and referred to the Department related Parliamentary Standing Committee on Home
Affairs for examination and report which is pending;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary
for him to take immediate action to give effect to the provisions of the said Bill with certain modifications;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is
pleased to promulgate the following Ordinance;-
CHAPTER I
PRELIMINARY
(1) Short title and commencement.- (1) This Ordinance may be called the Criminal Law (Amendment) Ordinance, 2013.
(2) It shall come into force at once.
CHAPTER II
AMENDMENTS TO THE INDIAN PENAL CODE
2. Amendment of section 100.- In the Indian Penal Code (hereafter in this Chapter referred to as the Penal Code), in
section 100, in the clause Secondly, after the words "grievous hurt", the words "including the offence of grievous hurt punishable under
section 326A" shall be inserted. (45 of 1860)
3. Insertion of new section I66A.- After section 166 of the Penal Code, the following section shall be inserted, namely:-
Public servant disobeying direction under law. "166A. Whoever, being a public servants-.
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 or any 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 subsection (1) of section 154 of the Code of Crimina! Procedure,
1973 and in particular in relation to cognizable offence punishable under section 354, section 354A, section 354B;
section 354C, sub-section (2) of section 354D, section 376, section 376A, section 376B, section 376C, section
376D or section 376E, (2 of 1974).
shall be punished with imprisonment for a term which may extend to one year or with fine or with both.".
4. Insertion of new sections 326A and 326B.- After section 326 of the Penal Code, the following sections shall be inserted,
namely:-
'326A. Voluntarily causing grievous hurt by use of acid, etc.- 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 of causing 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 fine which may extend to ten lakh rupees:
Provided that any fine imposed under this section shall be given to the person on whom acid was thrown or to whom acid was
administered.
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326B. Voluntarily throwing or attempting to throw acid.: 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 of either description for a term which shall not be less that five years but which may extend to seven years, and shall also
be liable to fine.
Explanation 1.- For the purposes 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.- "Permanent.vor partial damage" includes deformity, or maiming, or burning, or disfiguring, or disabling any
part or parts of the body of a person.
Explanation 3.- For the purposes of section 326 A and this section, permanent or partial damage or deformity shall not be
required to be irreversible:'.
5. Amendment of section 354. In section 354 of the Penal Code, for the words "shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both", the words "shall be punished with imprisonment
of either description for a term of one year which may extend to five years and shall also be liable to fine" shall be substituted.
6. Insertion of new sections 354A, 354B, 354C and 354D. After section 354 of the Penal Code, the following sections shall
be inserted, namely:-
'354A. Sexual harassment and punishment for sexual harassment. (1) The following acts or behaviour shall constitute
the offence of sexual harassment.
i.physical contact and advances involving unwelcome and explicit sexual overtures; or
ii.a demand or request for sexual favours; or
iii.making sexually coloured remarks; or
iv.forcibly showing pornography; or
v.any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
(2) Any person who commits the offence specified In clause (i) or clause (ii) of sub-section (I) shall be punished with
rigorous imprisonment which may extend to five years, or with fine, or with both.
(3) Any person who commits the offence specified in clause (iii) of clause (iv) or clause (v) of sub-section (l) shall be.
punishable with imprisonment of either description that may extend to one year or with fine, or with both.
354B. Assault or use of criminal force to woman with intent to disrobe. Whoever assaults or uses criminal force to any
woman or abets such act with the intention of disrobing or compelling her to be naked In any public place, shall be punished with
imprisonment of either description for a term which shall not be less than three years but which may extend seven years and with fine.
354C. Voyeurism. Whoever watches, or captures the image of, a 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 shall be punished on first conviction with imprisonment of either description for a term which shall not be Iess 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 conviction, with
imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall
also be liable to fine.
Explanation 1.- For the purposes of this 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 victims genitals, buttocks or breasts are exposed or
covered only in underwear; or the victim is using a lavatory; or the person is doing a sexual act that is not of a kind ordinarily done in
public.
Explanation 2.- Where the victim consents to the capture of 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. Stalking. (1) Whoever follows a person and contacts, or attempts to contact such person to foster personal interaction
repeatedly, despite a clear indication of disinterest by such person, or whoever monitors the use by a person of the internet, email or
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any other form of electronic communication, or watches or spies on a person in a manner that results in a fear of violence or serious
alarm or distress in the mind of such person, or interferes with the mental peace of such person, commits the offence of stalking:
Provided that the course of conduct will not amount to stalking if the person who pursued it shows-
i. that it was pursued for the purpose- of preventing or detecting crime and the person accused of stalking had been
entrusted with the responsibility of prevention and detection of crime by the state: or
ii. that it was pursued under any law or to comply with any condition or requirement imposed by any person under any
law; or
iii. that In the particular circumstances the pursuit of the course of conduct was reasonable,
(2) Whoever commits the offence of stalking shall be punished with imprisonment of either description for a term which
shall not be less than one year but which may extend to three years, and shall also be liable to fine.'
7. Substitution of new sections 370 and 370A for section 370. For section 370 of the Penal Code, the following
sections shall be substituted, namely :-
370. Trafficking of person. (1) 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 of coercion, or
Thirdly- by abduction, or
Fourthly - by practising fraud, or deception, or
Fifthly - by abuse of power, or
Sixthly.- by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any
person having control over the person recruited, transported, harboured, transferred or received,
commits the offence of trafficking.
Explanation 1.- The expression "exploitation" shall include, prostitution or other forms of sexual exploitation, forced labour or
services, slavery or practices similar to slavery, servitude, or the forced removal of organs.
Explanation 2.- The consent of the victim is immaterial in a determination of the offence of trafficking.
(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be
Iess than seven years, but which may extend to ten years, and shall also be liable to fine.
(3) Where the offence involves the trafficking of more, 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 fine.
(4) Where the offence involves, the trafficking of a 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.
(5) Where the offence involve the trafficking of more than one minor at the same time, it shall be punishable with rigorous
imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life.
(6) When a public servant including police officer is involved In the traffick ing of a minor then such public servant shall be
punished with imprisonment for life, which shall mean the remainder of that person's natural life.
(7) If a person is convicted of the offence of trafficking of minors, on more than one occasion, then such person shall be
punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life.
370A. Employing of a trafficked person.- (1) Whoever, despite knowing, or having reason to believe that a child has been
trafficked, employs such child in any form of labour, 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 with fine.
(2) Whoever, despite knowing or having reason to believe that all adult has been trafficked, employs such adult for labour,
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 fine.'.
8. Substitution of new sections for sections 375, 376, 376A, 376B, 376C and 376 D.- For sections 375, 376, 376A, 376B,
376C and 376D of the Penal Code, the following sections shall be substituted, namely:-
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'375. Sexual assault. A person is said to commit "sexual assault" if that person -
a)
penetrates his penis, to any extent, into the vagina, mouth urethra or anus of another person or makes the person 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 of
another person or makes the person to do so with him or any other person; or
c)
manipulates any part of the body of another person so as to cause penetration into the vagina, urethra, anus or any
part of body of such person or makes the person to do so with him or any other person; or
d)
applies his mouth to the penis, vagina, anus, urethra of another person or makes such person to do so with him or any
other person;
e)
touches the vagina, penis, anus or breast of the person or makes the person touch the vagina, penis, anus or breast of
that person or any other person,
except where such penetration or touching is carried out for proper hygienic or medical purposes under the circumstances falling under
any of the following seven descriptions:-
First- Against the other person's will.
Secondly. - Without the other person's consent.
Thirdly - With the other person's consent when such consent has been obtained by putting such other person or any person in
whom such other person is interested, in fear of death or of hurt.
Fourthly. - When the person assaulted is a female, 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 to be lawfully married.
Fifthly.- With the consent of the other person when, at the time of giving such consent, by reason of unsoundness of mind or
intoxication or the administration by that person personally or through another of any stupefying or unwholesome substance, the other
person is unable to understand the nature and consequences of that action to which such other person gives consent.
Sixthly. - With or without the other person's consent, when such other person is under eighteen years of age.
Seventhly. - When the person is unable to communicate consent.
Explanation 1.- Penetration to any extent is "penetration" for the purposes of this section.
Explanation 2.- For the purposes of this section, "vagina" shall also include labia majora.
Explanation 3.- Consent means an unequivocal voluntary agreement when the person by words, gestures or any form of
non-verbal communication, communicates willingness to participate in the specific act:
Provided that, a person who does not physically resist to the act of penetration shall not by the reason only of that fact, be
regarded as consenting to the sexual activity.
Exception- Sexual intercourse or sexual acts by a man with his own wife, the wife not being under sixteen years of age, is
not sexual assault.
376. Punishment for sexual assault. (1) Whoever, except in the cases provided for by sub-section (2), commits sexual
assault, 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 fine.
(2) Whoever,--
a)being a police officer, commits sexual assault-
i. within the limits of the police station to which such police officer is appointed; or
ii.in the premises of any station house; or
iii.on a person in such police officer's custody or In the custody of a police officer subordinate to such police officer; or
(b)
being a public servant, commits sexual assault on a person in such public servant's custody or in the custody of a
public servant subordinate to such public servant; or
(c)
being a member of the armed forces is in the area by virtue of deployment by the Central or a State Government,
commits sexual assault; or
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(d)
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's institution, commits sexual assault on any inmate
of such jail, remand home, place or Institution; or
(e)
being on the management or on the staff of a hospital, commits sexual assault on a person in that hospital,; or
(f)
being a relative, guardian or teacher of, or a person In a position of trust or authority towards, the person assaulted,
commits sexuaI assauIt on such person; or
(g)
commits sexual assault on a woman knowing her to be pregnant; or
(h)
commits sexual assault on a person when such person is under eighteen years of age; or
(i)
commits sexual assauIt, where the person assaulted is incapable of giving consent; or
(j)
being in a position of economic or social dominance, commits sexual assault on a person under such dominance; or
(k)
commits sexual assault on a person suffering from mental or physical disability; or
(I)
while committing sexual assault causes grievous bodily harm or maims or disfigures or endangers the life of a
person; or
(m) commits persistent sexual assault.'
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, and shall also be liable to fine.
Explanation 1.- For the purposes of this sub-section,-
a)
"women's or children's institution" means an institution, whether called an orphanage or a home for 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 of women or children;
b)
"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;
c)
"police officer" shall have the same meaning as to the expression "police" under the Police Act, 1861; (5 of 1861)
d)
"armed forces" means the naval, military and air forces and includes any member of the Armed Forces constituted
under any Act for the time being in force, including the paramilitary forces and any auxiliary forces that are under the
control of the Central Government or the State Government.
Explanation 2.- Where a person is subjected to sexual assault by one or more persons in a group of persons acting in
furtherance of their common intention, each of the persons in the group shall be deemed to have committed sexual assault within the
meaning of this sub-section.
376A. Punishment for causing death or resulting In persistent vegetative State of the victim. Whoever, commits an
offence punishable under subsection (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which
causes the death of the person or causes the person to be in a persistent vegetative state, shalI 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 the
remainder of that person's natural life, or with death.
376B. Sexual assault by husband upon his wife during separation. Whoever commits sexual assault on his own wife,
who is living separately under a decree of separation or under any custom or usage, without her consent, shall be punished with
imprisonment of either 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 fine.
376C. Sexual intercourse by a person in authoriy. Whoever,-
a)
being in a position of authority 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)
being on the management of a hospital- or being on the staff of a hospital,
and abuses such position or fiduciary relationship to induce or seduce any person either in the first mentioned person's custody .or
under the first mentioned person's charge or present in the premises and has sexual intercourse with that person, such sexual
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intercourse not amounting to the offence of sexual assault, shall be punished with rigorous imprisonment of either 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.
Explanation 1.- In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (c) of section 375.
Explanation 2.-- For the purposes of this section, Explanations 1 and 2 to section 375 shall also be applicable.
Explanation 3.- "Superintendent", in relation to a jail, remand home or other place of custody 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 or children's institution" shall respectively have the same meaning
as in Explanation 1 to sub-section (2) of section 376.
376D: Sexual assault by gang. Where a person is sexually assaulted 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 sexual assault,
regardless of gender and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which
may extend to life and shall pay compensation to the victim which shall be reasonable to meet the medical expenses and rehabilitation
of the victim.
Explanation- For the purposes of this section, imprisonment for life shall mean imprisonment for the remainder of that
person's natural Iife.
376E. Punishment for repeat offenders. Whoever has been previously convicted of an offence punishable under section 376 or
section 376A or section 376C or section 376D and is subsequently convicted of an offence punishable under any of the said sections
shall be punished with imprisonment for life, which shall mean the remainder of that person's natural life or with death.'.
9. Amendment of section 509. 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 shall also be liable to fine" shall be substituted.
CHAPTER III
AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973
"10. Amendment of section 54A. In the Code of Criminal Procedure, 1973 (hereafter in this Chapter referred to as the Code
of Criminal Procedure), in section 54A. the following proviso shall be inserted, namely- (2 of 1974).
"Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification
shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the
person arrested using methods that the person is comfortable with:
Provided further, that if the person identifying the person arrested is mentally or physically disabled, the identification process
may be videographed.".
11. Amendment of section 154. In Section 154 of the Code of Criminal Procedure, in sub-section· (1), the following
provisos shall be inserted, namely:-
"Provided that if the information is given by the woman against whom an offence under section 326A, section 326B,
section 354, section 375, section 376, section 376A, section 376B, section 376C, section 376D, section 376E and section 509 of
the Indian Penal Code is alleged to have been committed or attempted, then such information shall be recorded, as far as
possible, by a woman police officer and such woman shall be provided legal assistance and also the assistance of a healthcare
worker or women's organisation or both: (45 of 1860).
Provided further that -
a)
in the event that the person against whom an offence tender 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 or section 376E of the 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 of the person seeking to report such
offence or at a convenient place of such person's choice, in the presence of a special educator or an
interpreter, as the case may be; (45 of 1860).
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b)
the recording of such information may be videographed.
c)
the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of
sub-section (5A) of section 164 as soon as possible.".
12. Amendment of section 160. In section 160 of the Code of Criminal Procedure, in sub-section (1); in the proviso,
for the words "under the age of fifteen years or woman", the words "under the age of eighteen years or above the age of sixty-five
years or a woman or a physically or mentally disabled person" shall be substituted.
13. Amendment of section 161. 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 of a woman against whom an offence ·under section 354, section 354A, section
354B, section 354C, section 354D, section 375, section 376, section 376A, section 376B, section 376C, section 376D, section
376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted shall be recorded, as far as
possible, by a woman police officer.". (45 of 1860).
14. Amendment of section 164. In section 164 of the Code of Criminal 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, subsection (2) of section 354C, sub-
section (I) or sub-section (2) of section 376, section 376A, section 376B, section 376C, section 376D or section 376E of
the Indian Penal Code, the Judicial Magistrate shall record the statement of the 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 of the police: (45 of 1860).
Provided that if the person making the statement is temporarily or permanently physically or mentally disabled, the Magistrate
shall take the assistance of an interpreter or a special educator in recording the statement :
Provided further that if the person making the statement is temporarily or permanently physically or mentally disabled, the
statement made by the- person, with the assistance of an interpreter or special educator, may be videographed;
(b) a statement recorded under clause (a) of a person who is temporarily or permanently physically or mentally
disabled shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the
Indian Evidence Act, 1872 such that the maker of the statement can be cross-examined on such statement,
without the need for recording the same at the time of trial. (1 of 1872).
15. Insertion of new section 198B. After section 198A of the Code of Criminal Procedure, the following section shall
be inserted, namely:-
"198B. Cognizance of offence. No Court shall take cognizance of an offence under section 376B of the Indian Penal Code
where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a
complaint having been filed or made by the wife against the accused husband.".
16. Amendment of section 273. In section 273 of the Code of Criminal Procedure, before the Explanation, the following
proviso shall be inserted, namely:-
"Provided that where the evidence of a person below the age of eighteen years who is alleged to have been subjected to
sexual assault or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such person is
not confronted by the accused while at the same time ensuring the right of cross examination of the accused."
17. Amendment of section 327. In section 327 of the Code of Criminal Procedure, in sub-section (2), for the words, figures
and letters "trial of rape or an offence under section 376, section 376A, section 376B, section 376C or section 376D of the Indian Penal
Code," the words, figures and letters "trial of sexual assault or an offence under section 376, section 376A, section 376B, section 376C,
section 376D or section 376E of the Indian Penal Code" shall be substituted.
18. Amendment of First Schedule. In the First Schedule to the Code of Criminal Procedure, under the heading "1.
OFFENCES UNDER THE INDIAN PENAL CODE"-
(a) after the entries relating to section 166, the following entries shall be inserted, namely:-
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1
2
3
4
5
6
"166A
Public servant
disobeying direction
under law
Imprisonment for one
year or fine or with
both
Non-cognizable
Bailable
Magistrate of the
first class."
(b) after the entries relating to section 326, the following entries shall be inserted, namely:-
1
2
3
4
5
6
"326A
Voluntarily causing
grievous hurt by use
of acid, etc.
Imprisonment for not
less than ten years but
which may extend to
imprisonment for life
and fine of 10 lakh
rupees.
Cognizable
Non-bailable
Court of Session
326B
Voluntarily throwing or
attempting to throw
acid.
Imprisonment for five
years but which may
extend to seven years
and fine.
Cognizable
Non-bailable
Court of Session"
(c) the entries relating to section 354, the following entries shall be substituted, namely:-
1
2
3
4
5
6
"354
Assault
or
use
of
criminal
force
to
woman with intent to
outrage her modesty.
Imprisonment
of
1
year
which
may
extend to 5 years, and
with fine.
Cognizable
Non-bailable
Any Magistrate
354A
(1) Sexual harassment
of
the
nature
of
unwelcome
physical
contact and advances
or
a
demand
or
request
for
sexual
favours.
Imprisonment
which
may extend to 5 year
or with fine or with
both.
Non- Cognizable
Bailable
Any Magistrate
(2) Sexual harassment
of
the
nature
of
making
sexually
coloured
remark
or
showing pornography
or
any
other
un
welcome
physical,
verbal or non-verbal
conduct
of
sexual
nature.
Imprisonment
which
may extend to 1 year
or with fine or with
both.
Non- Cognizable
Bailable
Any Magistrate
354B
Assault
or
use
of
criminal
force
to
woman with intent to
disrobe.
Imprisonment of not
less than 3 years but
which may extend to 7
years and with fine.
Cognizable
Non-bailable
Any Magistrate
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354C
Voyeurism
Imprisonment of not
less than 1 year but
which may extend to 3
years and with fine for
first conviction.
Imprisonment of not
less than 3 year but
which may extend to 7
years and with fine for
second or subsequent
conviction
Non- Cognizable
Cognizable
Bailable
Non-bailable
Any Magistrate
Any Magistrate
354D
Stalking
Imprisonment of not
less than 1 year but
which may extend to 3
years and with fine
Cognizable
Non-bailable
Any Magistrate."
(d) for the entries relating to sections 370, the following entries shall be substituted, namely:-
1
2
3
4
5
6
"370
(1)
Trafficking
of
person
Imprisonment of not
less than 7 years but
which may extend to
10 years and with
fine.
Cognizable
Non-bailable
Court of Session
(2) Trafficking of more
than one person
Imprisonment of not
less than 10 years but
which may extend to
imprisonment for life
and with fine.
Cognizable
Non-bailable
Court of Session
(3) Trafficking of a
minor
Imprisonment of not
less than 10 years but
which may extend to
imprisonment for life
Cognizable
Non-bailable
Court of Session
(4) Trafficking of more
than one minor
Imprisonment of not
less than 14 years but
which may extend to
imprisonment for life
Cognizable
Non-bailable
Court of Session
(5) Public servant or a
police officer involved
in trafficking of minor
Imprisonment for life
which shall mean the
remainder
of
that
person's natural life.
Cognizable
Non-bailable
Court of Session
(6) Person convicted
of offence of trafficking
of minor on more than
one occasion
Imprisonment for life
which shall mean the
remainder
of
that
person's natural life.
Cognizable
Non-bailable
Court of Session
370A
(1) Employing of a
trafficked child
Imprisonment of not
less than 5 years but
which may extend to 7
years and with fine.
Cognizable
Non-bailable
Court of Session
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(2) Employing of a
trafficked adult person
Imprisonment of not
less than 3 years but
which may extend to 7
years and with fine.
Cognizable
Non-bailable
Court of Session
(e) for the entries relating to sections 376, 376A, 376B, 376C and 376D the following entries shall be substituted, namely:-
1
2
3
4
5
6
376
(1) Sexual assault
Rigorous
imprisonment of not
less than 7 years but
which may extend to
imprisonment for life
and with fine.
Cognizable
Non-bailable
Court of Session
(2) Sexual assault by
a police officer or a
public
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
sexual
assault
committed
by
a
person in a position of
trust
or
authority
towards the person
assaulted or by a near
relative of the person
assaulted.
Rigorous
imprisonment of not
less than 10 years but
which may extend to
imprisonment for life
and with fine.
Cognizable
Non-bailable
Court of Session
376A
Person committing an
offence
of
sexual
assault and inflicting
injury which causes
death or causes the
person to be in a
persistent
vegetative
state.
Rigorous
imprisonment of not
less than 20 years but
which may extend to
imprisonment for life
which shall mean the
remainder
of
that
person's natural life or
with death.
Cognizable
Non-bailable
Court of Session
376B
Sexual assault by the
husband upon his wife
during separation
Imprisonment for not
less than 2 years but
which may extend to 7
years and with fine.
Cognizable
(but only on the
complaint of the
victim)
Non-bailable
Court of Session
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376C
Sexual intercourse by
a person in authority.
Rigorous
imprisonment for not
less than 5 years but
which may extend to
10 years and with
fine.
Cognizable
Non-bailable
Court of Session
376D
Sexual
assault
by
gang.
Rigorous
imprisonment of not
less than 20 years but
which may extend to
imprisonment for life
which shall mean the
remainder
of
that
person's natural life
and compensation to
the victim.
Cognizable
Non-bailable
Court of Session
376E
Repeat offenders
Imprisonment for life
which shall mean the
remainder
of
that
person's natural life or
with death.
Cognizable
Non-bailable
Court of Session
(f) entry relating to section 509. in column 3, for the words "Simple imprisonment for one year. or fine.
or both,", the words "Simple - imprisonment for 3 years and with fine" shall be substituted.
CHAPTER IV
AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872
19. Insertion of new Section 53A. After section 53 of the Indian Evidence Act, 1872 (1 of 1872) (hereafter in this
Chapter referred to as the Evidence Act), the following section shall be inserted, namely:-
"53A. Evidence of character or previous sexual experience not relevant in certain cases. In a prosecution for an offence
under section 354, section 354A, section 354B, section 354C, sub-section (1) or sub-section (2) of section 376, section 376A, section
376B, section 376C, section 376D or section 376E of the Indian Penal Code or for attempt to commit any such offence, where the
question of consent is in issue, evidence of the character of the victim or of such person's previous sexual experience with any person
shall not be relevant on the issue of such consent or the quality of consent.". (45 of 1860).
20. Substitution of new section for section 114A. For section 114A of the Evidence Act, the following section shall be
substituted namely:-
114A. Presumption as to absence of consent in certain prosecution for sexual assault. In a prosecution for sexual
assault under clause (a), clause (b), clause (c), clause (d), clause (e), clause (f), clause (g), clause (h), clause (i), -clause (j), clause
(k), clause (l) or clause (m) 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 other person alleged to have been sexually assaulted and such
other person states in that person's evidence before the court that such person did not consent, the court shall presume that such
person did not consent. (45 of 1860).
Explanation.- In this section "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (c) of
section 375 of the Indian Penal Code.'. (45 of 1860)
21. Substitution of new section for section 119. For section 119 of the Evidence Act, the following section shall be
substituted, namely:-
"119. Witness unable to communicate verbally. A witness who is unable to speak may give his evidence in any other
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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 a special educator or
interpreter in recording the statement, and such statement may be videographed."
22. Amendment of section 146. In section 146 of the Evidence Act, for the proviso, the following proviso shall be
substituted, namely:-
"Provided that in a prosecution for an offence under sub-section (1) or sub-section (2) of section 376, section 376A, section
376B, section 376C, section 376D or section 376E of the 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.". (45 of 1860).
PRANAB MUKHERJEE,
President.
P. K. MALHOTRA,
Secy. to the Govt. of India.
P.R. 27
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2013£Éà ¸Á°£À 02-01-2013 £Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï (i)gÀ°è ¥ÀæPÀlªÁzÀ
F PɼÀPÀAqÀ The Constitution (Ninety-Eight Amendment) Act, 2012 C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ
¥ÀæPÀn¸À¯ÁVzÉ.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 2nd January, 2013/Pausa 12, 1934 (Saka)
The following Act of Parliament received the assent of the President on the 1st January, 2013, and is hereby published for
general information.
THE CONSTITUTION (NINETY-EIGHTH AMENDMENT) ACT, 2012
(1st January 2013)
An Act further to amend the Constitution of India.
Be it enacted by Parliament in the Sixty-third Year of the Republic of India as follows :-
1. Short title and commencement. (1) This Act may be called the Constitution (Ninety-eighth Amendment) Act, 2012.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Insertion of new article 371J. After article 371 I of the Constitution, the following article shall be inserted, namely,-
Special provisions with respect to State of Karnataka. "371J. (1) The President may, by order made with respect to the
State of Karnataka, provide for any special responsibility of the Governor for-
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284
a)
Establishment of a separate development board for Hyderabad-Karnataka region with the provision that a report on
the working of the board will be placed each year before the State Legislative Assembly;
b)
Equitable allocation of funds for developmental expenditure over the said region, subject to the requirements of the
State as a whole; and
c)
Equitable opportunities and facilities for the people belonging to the said region, in matters of public employment,
education and vocational training, subject to the requirements of the State as a whole.
(2) An order made under sub-clause (c) of clause (1) may provide for –
a)
Reservation of a proportion of seats in educational and vocational training institutions in the Hyderabad-
Karnataka region for students who belong to that region by birth or by domicile; and
b)
Identification of posts or classes of posts under the State Government and in any body or organisation under the
control of the State Government in the Hyderabad-Karnataka region and reservation of a proportion of such posts
for persons who belong to that region by birth or by domicile and for appointment thereto by direct recruitment or by
promotion or in any other manner as may be specified in the order."
P.K. MALHOTRA,
Secretary to the Govt. of India.
P.R. 31
S.C. 20
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