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F PÉ¼ÀPÀAqÀ The Criminal Law (Amendment) Act, 2013 (No. 13 of 2013) 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 2^nd April, 2013

The following Act of Parliament received the assent of the President on the 2^nd April, 2013, and is hereby published for general

information :-

THE CRIMINAL LAW (AMENDMENT) ACT, 2013

No. 13 of 2013

[2^nd April, 2013]

An Act further to amend the Indian Penal Code, the Code of Criminal Procedure, 1973, the Indian Evidence Act, 1872 and the

Protection of Children from Sexual Offences Act, 2012.

Be it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows :-

CHAPTER 1

PRELIMINARY

1. Short title and commencement.- (1) This Act may be called the Criminal Law (Amendment) Act, 2013.

2. It shall be deemed to have come into force on the 3rd day of February, 2013.

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Bangalore, Thursday, December 26, 2013 (Pushya 5, Shaka Varsha 1935)

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Issue 51

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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, after clause Sixthly, the following clause shall be inserted, namely:—

"Seventhly,- An act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the

apprehension that grievous hurt will otherwise be the consequence of such act,"

3. Insertion of new sections 166A and 166B.- After section 166 of the Penal Code, the following sections 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 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 of any person, any other direction of the law regulating the manner in which he shall

conduct such investigation, or

1973, (2 of 1974) in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B,

section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section

509,

shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and

shall also be liable to fine.

166B. Punishment for non treatment of victim.- Whoever, being in charge of a hospital, public or private, whether run by the

Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 357C of the Code

of Criminal Procedure, 1973, 2 of 1974. shall be punished with imprisonment for a term which may extend to one year or with fine or

with both.",

4. Amendment of section 228A.- In section 228A of the Penal Code, in sub-section (1), for the words, figures and letters

"offence under section 376, section 376A, section 376B, section 376C or section 376D", the words, figures and letters "offence under

section 376, section 376A, section 376B, section 376C, section 376D or section 376E" shall be substituted.

5. 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:

Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.

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 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.— For the purposes of section 326A and this section, permanent or partial damage or deformity shall not be

required to be irreversible.'

6. 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 which shall not be less than one year but Which may extend to five years, and shall also be liable to fine"

shall be substituted.

7. Insertion of new sections 354A, 354B, 354C and 354D.- After section 354 of the Penal Code, the following sections shall

be inserted, namely:—

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'354 A. Sexual harassment and punishment for sexual harassment.- (1) A man committing any of the following acts—

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or

(ii) a demand or request for sexual favours; or

(iii) showing pornography against the will of a woman; or

(iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment.

(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished

with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either

description for a term which may extend to one year, or with fine, or with both.

354B. Assault or use of criminal force to woman with intent to disrobe.- Any man who assaults or uses criminal force to

any woman or abets such act with the intention of disrobing or compelling her to be naked, 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 shall also be liable to

fine.

354C. Voyeurism.- Any man who 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 or disseminates such image 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 purpose 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, posterior or breasts are exposed or

covered only in underwear; or the victim is using a lavatory; or the victim 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 the 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) Any man who—

(i) follows a woman and contacts, or attempts. to contact such woman to foster personal interaction

repeatedly despite a clear indication of disinterest by such woman; or

(ii) monitors the use by a woman of the internet, email or any other form of electronic communication,

commits the offence of stalking:

Provided that such conduct shall not amount to stalking if the man who pursued it proves that—

(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had

been entrusted with the responsibility of prevention and detection of crime by the State; or

(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person

under any law; or

(iii) in the particular circumstances such conduct was reasonable and justified.

(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a

term 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 may extend to five years, and shall also be liable to fine.'.

8. 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

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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 any act of physical exploitation or any form of sexual exploitation,

slavery or practices similar to slavery, servitude, or the forced removal of organs.

Explanation 2.—The consent of the victim is immaterial in 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, and shall also be liable to fine.

(5) Where the offence involves the trafficking of more than one minor, 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, and shall also be liable to fine.

(6) If a person is convicted of the offence of trafficking of minor 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, and shall also be

liable to fine.

(7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police

officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and

shall also be liable to fine.

370A. Exploitation of a trafficked person.- (1) Whoever, knowingly or having reason to believe that a minor has been

trafficked, engages such minor for sexual exploitation in any manner, 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 shall also be liable to fine.

(2) Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual

exploitation in any manner, 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.'.

9. 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. Rape.- A man is said to commit "rape" if he-—

(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her 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 a

woman or makes her to do so with him or any other person; or

body of such woman or makes her to do so with him or any other person; or

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,

under the circumstances falling under any of the following seven descriptions:—

First.—Against her will.

Secondly.—Without her consent.

Thirdly.—With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in

fear of death or of hurt.

Fourthly.—With her consent, when the man knows that he is not her husband and that her consent is given because she

believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly.—With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the

administration by him personally or through another of any stupefying or unwholesome Substance, she is unable to understand the

nature and consequences of that to which she gives consent.

Sixthly.—With or without her consent, when she is under eighteen years of age.

Seventhly.—When she is unable to communicate consent.

Explanation 1.—For the purposes of this section, "vagina" shall also include labia majora.

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Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of

verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:

Provided that a woman 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 1.—A medical procedure or intervention shall not onstitute rape.

Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is

not rape.'.

376. Punishment for rape.- (1) Whoever, except in the cases provided for in sub-section (2), commits rape, 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 rape—

(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 woman 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 rape on a woman in such public servant's custody or in the custody of a public servant

subordinate to such public servant; or

area; 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 rape 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 rape on a woman in that hospital; or

(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on

such woman; or

(g) commits rape during communal or sectarian violence; or

(h) commits rape on a woman knowing her to be pregnant; or

(i) commits rape on a woman when she is under sixteen years of age; or

(j) commits rape, on a woman incapable of giving consent; or

(k) being in a position of control or dominance over a woman, commits rape on such woman; or

(l) commits rape on a woman suffering from mental or physical disability; or

(m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or

(n) commits rape repeatedly on the same woman,

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, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

Explanation.—For the purposes of this sub-section,—

(a) "armed forces" means the naval, military and air forces and includes any member of the Armed Forces constituted

under any Law 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;

(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) "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.

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376A. Punishment for causing death or resulting in persistent vegetative state of victim.- Whoever, commits an offence

punishable under sub-section (l) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes

the death of the woman or causes the woman 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 imprisonment for the

remainder of that person's natural life, or with death.

376B. Sexual intercourse by husband upon his wife during separation.- Whoever has sexual intercourse with his own wife,

who is living separately, whether under a decree of separation or otherwise, 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.

Explanation.—In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375.

376C. Sexual intercourse by person in authority.- Whoever, being—

(a) 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) on the management of a hospital or being on the staff of a hospital,

abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the

premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, 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 (d) of section 375.

Explanation 2. —For the purposes of this section, Explanation I 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 to sub-section (2) of section 376.

376D. Gang rape.- Where a woman is raped 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 rape and shall be punished with rigorous

imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the

remainder of that person's natural life, and with fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.

376E. Punishment for repeat offenders.- Whoever has been previously convicted of an offence punishable under section 376

or section 376A 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 imprisonment for the remainder of that person's natural life, or with death.'.

10. 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 also with fine" shall be substituted.

CHAPTER III

AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973

11. Amendment of section 26.- In the Code of Criminal Procedure, 1973 (2 of 1974) (hereafter in this Chapter referred to as

the Code of Criminal Procedure), in section 26, in the proviso to clause (a), for the words, figures and letters "offence under section 376

and sections 376A to 376D of the Indian Penal Code", (45 of 1860) the words, figures and letters "offence under section 376, section

376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code" shall be substituted.

12. Amendment of section 54A. In section 54 A of the Code of Criminal Procedure, the following provisos 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 lake appropriate steps to ensure that such person identifies the

person arrested using methods that person is comfortable with:

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Provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process

shall be videographed."

13. Amendment of section 154.- In section 154 of the Code of Criminal Procedure, in sub-section (I), 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 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376B,

section 376E or section 509 (45 of 1860) of the Indian Penal Code is alleged to have been committed or attempted, then such

information shall be recorded, by a woman police officer or any woman officer:

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, 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, 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 an interpreter or a special educator, as the case

may be;

(b) the recording of such information shall 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.".

14. Amendment of section 160. In section 160 of the Code of Criminal Procedure, in sub-section (I), in the proviso, for the

words "under the age of fifteen years or woman", the words "under the age of fifteen years or above the age of sixty-five years or a

woman or a mentally or physically disabled person" shall be substituted.

15. 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 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of (45

of 1860). The Indian Penal Code is alleged to have been committed or attempted shall be recorded, by a woman police officer or any

woman officer."

16. 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, section 354C, section 354D, sub-section (I) or

sub-section (2) of section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the (45 of

1860). 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 mentally or physically 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 mentally or physically disabled, the

statement made by the person, with the assistance of an interpreter or a special educator, shall be videographed.

(b) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically 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.".

17. Amendment of section 173. In section 173 of the Code of Criminal Procedure, in sub-section (2), in sub-clause (h) of

clause (i), for the words, figures and letter "or 376D of the Indian Penal Code", the words, figures and letters" 376D or section 376E of

(45 of 1860) the Indian Penal Code" shall be substituted.

18. Amendment of section 197. In section 197 of the Code of Criminal Procedure, after sub-section (I), the following

Explanation shall be inserted, namely:—

"Explanation.—For the removal of doubts it is hereby declared that no sanction shall be required in case of a public servant

accused of any offence alleged to have been committed under section 166A, section 166B, section 354, section 354A, section 354B,

section 354C, section 354D, section 370, section 375, section 376, section 376A, section 376C, section 376D or section 509 (45 of

1860) of the Indian Penal Code.".

19. Insertion of new section 198B. After section 198A of the Code of Criminal Procedure, the following section shall be

inserted, namely:—

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"198B. Cognizance of offence. No Court shall take cognizance of an offence punishable 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 complaint having been filed or made by the wife against the husband.".

20. 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 woman below the age of eighteen years who is alleged to have been subjected to rape

or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by

the accused while at the same time ensuring the right of cross-examination of the accused.".

21. Amendment of section 309. In section 309 of the Code of Criminal Procedure, for sub-section (I), the following sub-section

shall be substituted, namely:—

"(I) In every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been

examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded:

Provided that when the inquiry or trial relates to an offence under section 376, section 376A, section 376B, section 376C or

section 376D (45 of 1860) of the Indian Penal Code, the inquiry or trial shall, as far as possible be completed within a period of two

months from the date of filing of the charge sheet.".

22. Amendment of section 327. In section 327 of the Code of Criminal Procedure, in sub-section (2), for the words, figures and

letter "or section 376D of the Indian Penal Code", the words, figures and letters "section 376D or section 376E (45 of 1860) of the Indian

Penal Code" shall be substituted.

23. Insertion of new sections 357B and 357C. After section 357A of the Code of Criminal Procedure, the following sections

shall be inserted, namely:—

"357B. Compensation to be in addition to fine under Section 326A or Section 376D of Indian Penal Code. The

compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim under

section 326A or section 376D (45 of 1860) of the Indian Penal Code.

357C. Treatment of victims. All hospitals, public or private, whether run by the Central Government, the State Government,

local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence

covered under section 326A, 376, 376A, 376B, 376C, 376D or section 376E (45 of 1860) of the Indian Penal Code, and shall

immediately inform the police of such incident".

24. Amendment of first Schedule. In the First Schedule to the Code of Criminal Procedure, (45 of 1860) 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:—

166A

Public servant disobeying

direction under law.

Imprisonment for minimum 6 months

which may extend to 2 years and

fine,

Cognizable

Bailable

Magistrate of the first

class.

166B

Non-treatment of victim by

hospital.

Imprisonment for 1 year or fine or

both.

Non-

cognizable

Bailable

Magistrate of the first

class

(b) After the entries relating to section 326, the following entries shall be inserted, namely:—

"326A

Voluntarily causing

grievous hurt by use of

acid, etc.

Imprisonment for not less than 10

years but which may extend to

imprisonment for life and fine to be

paid to the victim.

Cognizable

Non-bailable

Court of

Session.

326B

Voluntarily throwing or

attempting to throw acid.

Imprisonment for 5 years but which

may extend to 7 years and with

fine.

Cognizable

Non-bailable

Court of

Session.

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629

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

Sexual harassment of the

nature of unwelcome

physical contact and

advances or a demand or

request for sexual favours,

showing pornography.

Sexual harassment of the

nature of making sexually

coloured remark.

Imprisonment which may extend to 3

years or with fine or with both.

Imprisonment which may extend to 1

year or with fine or with both

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

354C

Voyeurism.

Imprisonment of not less than 1 year

but which may extend 3 years and

with fine for first conviction.

Cognizable

Bailable

Any Magistrate

Imprisonment of not less than 3

years but which may extend to 7

years and with fine for second or

subsequent conviction.

Cognizable

Non-bailable

Any Magistrate

354D

Stalking.

Imprisonment up to 3 years and with

fine for first conviction.

Cognizable

Bailable

Any Magistrate

Imprisonment up to 5 years and with

fine for second or subsequent

conviction.

Cognizable

Non-bailable

Any Magistrate

(d) For the entries relating to section 370, the following entries shall be substituted, namely:—

"370

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.

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.

Trafficking of a minor

Imprisonment of not less than 10

years but which may extend to

imprisonment for life and with fine.

Cognizable

Non-bailable

Court of

Session.

Trafficking of more than one

minor

Imprisonment of not less than 14

years but which may extend to

imprisonment for life and with fine.

Cognizable

Non-bailable

Court of

Session.

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 and with fine.

Cognizable

Non-bailable

Court of

Session.

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 and with fine.

Cognizable

Non-bailable

Court of

Session.

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370A

Exploitation 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.

Exploitation of 8 trafficked

person.

Imprisonment of not less than 3 years

but which may extend to 5 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:—

"376

Rape.

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

Rape 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 rape committed by a

person in a position of trust

or authority towards the

person raped of by a

near relative of the person

raped.

Rigorous imprisonment of not less

than 10 years but which may extend

to imprisonment for life which shall

mean the remainder of that person's

natural life and with fine.

Cognizable

Non-bailable

Court of

Session

376A

Person committing an

offence of rape and inflicting

injury which causes death or

causes the woman to be in a

persistent vegetative Slate.

Rigorous imprisonment of not less

than 20 years but which may extend

to imprisonment for life which shall

mean imprisonment for the

remainder of that person's natural life

or with death.

Cognizable

Non-bailable

Court of

Session

376B

Sexual intercourse by

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)

Bailable

Court of

Session

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

Gang rape

Rigorous imprisonment for not less

than 20 years but which may extend

to imprisonment for life which shall

mean imprisonment for the

remainder of that person's natural

life and with fine to be paid to the

victim.

Cognizable

Non-bailable

Court of

Session

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631

376E

Repeat offenders.

Imprisonment for life which shall

mean imprisonment for the

remainder of that person's natural life

or with death.

Cognizable

Non-bailable

Court of

Session

(f) In entry relating to section 509, in column 3, for the words "Simple imprisonment for one year, or fine, or both,", the words

and figure "Simple imprisonment for 3 years and with fine " shall be substituted.

CHAPTER IV

AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872

25. 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, section 354D, 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 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.".

26. 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 rape.- In a prosecution for rape 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), clause (m) or

clause (n) 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 woman alleged to have been raped and such woman states in her

evidence before the court that she did not consent, the court shall presume that she did not consent.

Explanation.- In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375 (45

of 1860) of the Indian Penal Code.'.

27. 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 an interpreter or a special

educator in recording the statement, and such statement shall be videographed.".

28. 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 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 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."

CHAPTER V

AMENDMENT OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

29. Substitution of new sections for section 42.- For section 42 of the Protection of Children from Sexual Offences Act, 2012,

(32 of 2012) the following sections shall be substituted, namely:-

"42. Alternate punishment.- Where an act or omission constitutes an offence punishable under this Act and also under

sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376C, 376D, 376E or section 509 (45 of 1860) of the Indian Penal

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Code, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be

liable to punishment under this Act or under the Indian Penal Code as provides for punishment which is greater in degree.

42A. Act not in derogation of any other law.- The provisions of this Act shall be in addition to and not in derogation of the

provisions of any other law for the time being in force and, in case of any inconsistency, the provisions of this Act shall have overriding

effect on the provisions of any such law to the extent of the inconsistency.".

CHAPTER VI

MISCELLANEOUS

30. Repeal and savings. (1). The Criminal Law (Amendment) Ordinance, 2013 Ord. 3 of 2013 is here by repealed.

2. Notwithstanding such repeal, anything done or any action taken under the Indian Penal Code, the Code of Criminal

Procedure, 1973 and the Indian Evidence Act, 1872, (45 of 1860) (2 of 1974) (1 of 1872) as amended by the said Ordinance, shall be

deemed to have been done or taken under the corresponding provisions of those Acts, as amended by this Act.

P.K. MALHOTRA,

Secretary to the Government of India.

P.R. 81

SC - 20

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