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THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2013
No. 3 OF 2013
Promulgated by the President in the Sixty-fourth Year 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.- 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), 45 of
1860 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.
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3. Insertion of new section 166A.- After section 166 of the Penal Code, the following section shall be inserted, namely:-
"166A. Public servant disobeying direction under law.- Whoever, being a public servant,-
(a)
knowingly disobeys any direction of the law which prohibits him from requiring t).le 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 of 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 Criminal Procedure,
1973 (2 of 1974) and. in particular in relation to cognizable offence punishable under section 354, section 354A;
section 354B, section 354C, sub-section (2) of section 3540, section 376, section 376A, section 376B, section
376C, section 3760 or section 376E,
shall be punished with imprisonment for a term which may extend to one year or with fine or with both.".
4. Insertion of new section 236A 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.
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 bums 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 than 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, or 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 326A 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, 3548, 354C and 3540. Sexual harassment and punishment for sexual harassment.-
After section 354 of the Penal Code, the following sections shall be inserted, namely.-
'354A. (1) The following acts or behavior shall constitute the offence of sexual harassrnent-
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) making sexually colored 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 (1) 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) or clause (iv) or clause (v) of sub-section (1) 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 p lace, shall be
punished with imprisonment of either description for a term which shall not be less than three years but which may extend to
seven years and with fine.
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354C. Voyeurism.- Whoever watches, or captures the image of, a woman engaging in a private act in circum stances 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 less 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 victim's 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 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 defection 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. Trafficking of person.- For section 370 of the Penal
Code, the following sections shall be substituted, namely:--
'370. (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 practicing 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 sexuall
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 less 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 involves 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.
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(6) When a public servant including police officer is involved In the trafficking 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 an 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 376D.- For sections 375, 376, 376A, 376B,
376C and 376D of the Penal Code, the following sections shall be substituted, namely:- .
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.
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(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
(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 sexual assault 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 assault, 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
(l)
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 assigned 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 sub-sec ion (1) 0 r sub - section (2) 0 f 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, shall 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 1ife, 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 yea ns, and shall
also be liable to fine.
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376C. Sexual intercourse by a person in authority.- 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 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 (e) 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 Iife 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 life. "
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, (2 of 1974) the following proviso shall be inserted, namely:-
"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 (45 of 1860). 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:
Provided further that-
(a) in the event that the person against whom an offence under 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 (45 of 1860) of the Indian Penal Code is alleged to have been committed or attempted is temporarily
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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;
(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 (45 of 1860) 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.".
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, sub-section (2) of section 354C, sub-section
(1) or sub-section (2) of section 376, section 376A, section 376B, section 376C, section 376D or section 376E (43 of 1860) 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:
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 (1 of 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.
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 (45 of 1860) 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 cornplaint 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
"I.-OFFENCES UNDER THE INDIAN PENAL CODE",-
(a) after the entries relating to section 166, the following entries shall be inserted, namely:-
420
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(d) for the entries relating to sections 370, the following entries shall be substituted, namely:-
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(e) for the entries relating to sections 376, 376A, 376B, 376C and 376D, the following entries shall be substituted, namely:-
424
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(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 (f) or sub-section (2) of section 376, section 376A,
section 376B, section 376C, section 376D or section 376E of the Indian Penal Code (45 of 1860) 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.".
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 (j), clause (g), clause (h), clause (i), clause (j), clause (k),
clause (l) or clause (m) of sub-section (2) of section 376 (45 of 1860) 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.
Explanation.-: In this section "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (c) of section 375
(45 of 1860) of the Indian Penal Code.'.
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
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 (45 of 1860) 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 pemissible 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.".
PRANAB MUKHERJEE,
President.
P. K. MALHOTRA,
Secy. to the Govt. of India.
P.R. 51
SC - 20
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MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
NOTIFICATION
New Delhi, the 28th January, 2013
G.S.R. 48 (E).- The following draft of certain rules further to amend the Central Motor Vehicles Rules, 1989, which the
Central Government proposes to make in exercise of the powers conferred by sections 27, 41, 50 and 110 of the Motor Vehicles Act,
1988 (59 of 1988), is hereby published as required by sub-section (1) of section 212 of the said Act for information of all persons likely
to be affected thereby; and notice is hereby given that the said draft rules shall be taken- into consideration after the expiry of a period
of thirty days from the date on which the copies of this notification as published in the Gazette of India, are made available to the public.
2. Any objection or suggestion which may be received from any person with respect to the said draft rules before the expiry
of the aforesaid period shall be considered by the Central Government;
3. Objection or suggestion, if any, may be sent to the Joint Secretary (Transport), Ministry of Road Transport and
Highways, Transport Bhawan, Parliament Street, New Delhi - 110 001.
DRAFT RULES
1. (1) These rules may be called the Central Motor Vehicles (Amendment) Rules, 2013.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Motor Vehicles Rules, 1989 (hereinafter referred to as the said rules), in rule 2, after clause (w), the
following clauses shall be inserted, namely:-
'(x) "modular hydraulic trailer" means a trailer intended for carrying indivisible heavy or over-dimensional cargo and having
the following features; namely :-
a)
Pendulum axles with hydraulic suspension ;
b)
Independently steerable axles ;
c)
Two or more axle rows ;
d)
Suitable arrangement for joining such modules longitudinally or laterally or both ;
e)
suitable provision for joining such separate modules with spacer beam arrangement or by bolster arrangement or
by girder bridge arrangement; and
f)
suitable drawbar arrangement for being pulled or pushed.
Explanation: - For the purpose of this clause, the expressions, -
(i)
"spacer beam arrangement" shall mean the arrangement of rigid steel frame used for
joining two separate Modular Hydraulic Trailer units to form a single rigid chassis for
movement of long cargo.
(ii)
"bolster arrangement" shall mean the arrangement of two separate units of Modular
Hydraulic Trailer mounted with turn tables and the cargo rests on the turn tables,
whereby cargo structure itself acts as long member of trailer chassis.
(iii)
"girder bridge arrangement" shall mean the arrangement of two separate units of
Modular Hydraulic Trailers mounted with turn tables, and cargo is placed on a steel
girder, which is then mounted on Modular Hydraulic Trailer, whereby the steel girder acts
as the long member of the trailer chassis.
(y) "puller tractor" means a multi-axle tractor having -
a)
suitable arrangement to pull or push modular hydraulic trailer or combination thereof under drawbar
arrangement ;
b)
adequate ballast weight for providing traction;
c)
minimum engine power of 300 hp; and
d)
having maximum speed not exceeding 25 kmph while pulling load.
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3. In rule 47 of the said rules,
a)
In sub-rule (1), after clause (k), the following clause shall be inserted, namely :-
"(1) technical specifications 'and any other document as may be required by the registering authority in respect of
the modular hydraulic trailer";
(b) after sub-rule (2), the following sub-rule shall be inserted, namely :-
(3) The modular hydraulic trailers registered under these rules shall ply in public place in laden condition subject to the
conditions as may be prescribed by the central government in the Official Gazette from time to time."
4. In rule 50 of the said rules, after sub-rule (6) the following sub-rule shall be inserted, namely.-
"(7) The registration mark of the, modular hydraulic trailer may not be exhibited' on the puller tractor.".
5. In rule 88 of the said rules,-
(a) after sub-rule (2), the following sub-rule shall be inserted, namely:- ,
"(2A) No national permit shall be granted for a Puller Tractor which is more that fifteen years old at any point of time:"'
Provided that the national permit may be extended for another period, of five years subject to
certificate of fitness granted by the manufacturer or a chartered engineer, in case the
manufacturer ceases to operate in India" ;
(b) after sub-rule (4), the following sub-rule shall be inserted, namely:-
"(4A) No national permit shall be granted in respect of a modular hydraulic trailer, which is more than twenty five years old
at any point of time, the period of twenty five years being computed from the date of initial registration of the said trailer :
Provided that the national permit may be extended for another period of five years subject
to certificate of fitness granted by the manufacturer or a chartered engineer or approving
authority, in case the manufacturer ceases to operate in India:
Provided further that the national permit shall be valid throughout the territory of India
irrespective of the combination .of modular hydraulic trailers subject to the condition that each
individual modular hydraulic trailer is having valid national permit."
6. In rule 93 of the said rules,
(a) after sub-rule (1A), the following sub-rule shall be inserted, namely:-
"(1B) The overall width of modular hydraulic trailer, measured at right angles to the axis of the
trailer between perpendicular planes enclosing the extreme points shall not exceed 3 metres" ;
(b) after sub-rule (3A) the following sub-rule shall be inserted, namely.
"(3B) The overall length of puller tractor and modular hydraulic trailer combination shall not
exceed 29 metres" ;
(c) in sub rule 4, after clause (iia), the following shall be inserted, namely-
"(iib) in the case of modular hydraulic trailer or combination of such trailers, shall not exceed 4.75 metres. " .
7. In rule 94 of the said rules, in the sub-rule (I), after the words "agricultural tractor and its trailer" the words "and modular
hydraulic trailers" shall be inserted.
8. After rule 95B of the said rules, the following rule shall be inserted, namely.-
"95 C. Size and ply rating of tyres for modular hydraulic trailers
(1) The modular hydraulic trailers shall have load carrying capacity as specified by the tyre manufacturer, however, the
maximum load specified by the modular hydraulic trailers manufacturer shall not be greater than that permitted by the tyre
manufacturer.
(2) The modular hydraulic trailer manufacturer shall select the recommended or preferred rim sizes only, as suggested by
the tyre manufacturer.
Note. - For compliance to this rule, any equivalent national or international standards such as Indian Standards (IS),
Automotive Industry Standard (AIS), ECE (Economic Commission of Europe), Japan Automobile- Tyre Manufacturers Association
(JATMA), European Tyre & Rim Technical Organisation (ETRTO), The Tyre & Rim Association Inc. (T&RA), Indian Tyre Technical
Advisory Committee (ITTAC), etc may be referred.
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9. In rule 96 of the said rules, in sub-rule 8, in the Table, the following shall be added at the end, namely :-
Sl.
No.
Type of vehicle
Load
Test Speed (The speed at
which the brake should be
applied (kmph)
Type of brake
Stopping
distance (m)
"6.
Puller Tractor
GVW
20 kmph
Foot operated
service
13".
10. In rule 97 of the said rules, in sub-rule - (1), for the words "Every trailer" the words "Every
trailer including modular hydraulic trailer"; shall be substituted.
11. In rule 102 of the said rules, after sub-rule (3), the following sub-rules shall be added at the end, namely:-
"(4) In the case of modular hydraulic trailer-
i.
the intention to stop - shall be indicated by two electrical stop lamps which shall be
red in colour and shall be fitted one each on left and right hand sides at the rear of
the vehicle.
ii.
the stop lamps shall light upon the actuation of the service brake control.
iii.
atleast two direction indicators of amber colour shall be fitted, which are illuminated
to indicate intention to turn by a light.".
12. In rule 104, after rule 104C of the said rules, the following rule shall be inserted, namely :
"(104 D) Fitment of reflectors on modular hydraulic trailer.
1)
Every modular hydraulic trailer shall be fitted with two red reflective tapes having width not less than 50 mm at the
rear and front and amber reflective tape having width not less than 50 mm on the sides, conforming to AIS: 090, as
amended from time to time till the corresponding BIS specifications are notified under the Bureau of Indian
Standards Act, 1986 (63 of 1986).
2)
Every modular hydraulic trailer shall be fitted with two red reflex reflectors having area not less than 28.5 sq.· cm.
at the rear and front and amber reflex reflector having area not less than 28.5 sq. cm on the sides, conforming to
AIS : 057, as amended from time to time till the corresponding BIS specifications are notified under the Bureau of
Indian Standards Act, 1986 (63 of 1986)."
13. After sub-rule 108A, the folowing sub-rule shall be inserted, namely :-
"108 B. Use of beacon or blinking lamp on puller tractor
The puller tractor shall be fitted with two beacon or blinking lamps, which are amber in colour, on top of the cabin.".
14. In rule 124 of the said rules, after sub-rule 1A, the following sub-rule shall be inserted, namely,
"(1B) There shall not be any requirement regarding fitment of rear under run protection device and lateral protection
device in modular hydraulic trailers."
[F.No. RT-11042/13/2008-MVL]
SANJAY BANDOPADHYAYA, Jt. Secy.
Note : The principal rules were notified in the Gazette of India vide G.S.R. 590 (E),dated 2nd June, 1989 and last amended
vide G.S.R. 943 (E), dated 31st December, 2012.
P.R. 57
SC - 20
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