GOVERNMENT OF KERALA

Law (Leg-Publication) Department

NOTIFICATION

No. 18568/Leg.Pbn.2/2013/Law.

Dated, Thiruvananthapuram, 12th September 2013.

The following Act of Parliament published in the Gazette of India

Extraordinary, Part II, Section I dated 2nd day of April, 2013 is hereby

republished for general information. The Bill as passed by the Houses of

Parliament received the assent of the President on 2nd April, 2013.

By order of the Governor,

C. P. RAMARAJA PREMA PRASAD,

Law Secretary.

Kerala Gazette No. 44 dated 5th November 2013.

PART I

Section i

THE CRIMINAL LAW (AMENDMENT) ACT, 2013

(ACT NO. 13 OF 2013)

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 I

PRELIMINARY

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.

CHAPTER II

AMENDMENTS TO THE INDIAN PENAL CODE

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.”.

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

(c)

fails to record any information given to him under

sub-section (1) of section 154 of the Code of Criminal Procedure,

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.”.

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.

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.’.

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.

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) 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 wiII 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.’.

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 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.’.

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

(c) manipulates any part of the body of a woman so as to

cause penetration into the vagina, urethra, anus or any part of 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.

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 constitute

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

(c) being a member of the armed forces deployed in an area

by the Central or a State Government commits rape in such 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.

376A. Punishment for causing death or resulting in persistent

vegetative state of victim.—Whoever, commits an offence punishable

under sub-section (1) or sub- section (2) 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 a 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 1 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 54A 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

take appropriate steps to ensure that such person identifies the person

arrested using methods that person is comfortable with:

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 (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 354A,

section 354B, section 354C, section 354D, section 376, section 376A,

section 376B, section 376C, section 376D, section 376E or section 509

of the Indian Penal Code (45 of 1860) 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 of the Indian Penal

Code (45 of 1860) 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 (1), 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 the Indian Penal Cod

(45 of 1860) 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 (1) or sub-section (2) of

section 376, section 376A, section 376B, section 376C, section 376D,

section 376E or section 509 of the Indian Penal Code (45 of 1860), 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” (45 of 1860), the words,

figures and letters “376D or section 376E of the Indian Penal Code” shall be

substituted.

18.

Amendment of section 197.—In section 197 of the Code of Criminal

Procedure, after sub-section (1), 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 of the Indian Penal Code. (45 of 1860).”.

19.

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 punishable under section 376B of the Indian Penal Code

(45 of 1860) 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 (1), the following sub-section shall be substituted,

namely:—

“(1) 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

of the Indian Penal Code (45 of 1860), 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” (45 of 1860), the words, figures and letters

“section 376D or section 376E of the Indian Penal Code” shall be substituted.

23. Insertion of new sections 357B and 357C.—After section 357 A 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 of the

Indian Penal Code (45 of 1860).

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 of the Indian Penal Code

(45 of 1860) and shall immediately inform the police of such incident.”.

24. Amendment of First Schedule.—In the First Schedule to the Code of

Criminal Procedure, under the heading “I.—OFFENCES UNDER THE INDIAN

PENALCODE” (45 of 1860),—

(a) after the entries relating to section 166, the following entries shall

be inserted, namely:—

“166A

Public servant Imprison-

Cognizable

Bailable

Magistrate

disobeying

ment for

of the first

direction

minimum

class.

under law.

6 months

which may

extend to

2 years

and fine.

166B

Non-treat-

Imprison-

Non-

Bailable

Magistrate

ment

ment for 1

cognizable

of the first

of victim by

year or

class.”;

hospital.

fine or

both.

(b) after the entries relating to section 326, the following

entries shall be inserted, namely:—

“326A

Voluntarily

Imprison-

Cognizable

Non-

Court of

causing

ment for

bailable

Session.

grievous

not less

hurt by

than 10

use of acid,

years but

etc.

which

may extend

to imprison-

ment for

life and

fine to be

paid to the

victim.

326B

Voluntarily

Imprison-

Cognizable

Non-

Court of

throwing or

ment for

bailable

Session.”;

attempting

5 years but

to throw

which may

acid.

extend to 7

years and

with fine.

(c) for the entries relating to section 354, the following

entries shall be substituted, namely:—

“354

Assault or

Imprison-

Cognizable

Non-

Any

use of

ment of

bailable

Magistrate.

criminal force

1 year

to woman

which may

with intent to

extend to

outrage her

5 years,

modesty.

and with

fine.

354A

Sexual

Imprison-

Cognizable

Bailable

Any

harassment

ment which

Magistrate.

of the nature

may extend

of unwelcome to 3 years

physical

or with fine

contact and

or with both.

advances or a

demand or

request for

sexual favours,

showing

pornography.

Sexual

Imprison-

Cognizable

Bailable

Any

harassment

ment which

Magistrate.

of the nature

may extend

of making

to 1 year or

sexually

with fine or

coloured

with both.

remark.

354B

Assault or use

Imprison-

Cognizable

Non-

Any

of criminal

ment of

bailable

Magistrate.

force to

not less

woman with

than 3

intent to

years but

disrobe.

which may

extend to

7 years and

with fine.

354C

Voyeurism.

Imprison-

Cognizable

Bailable

Any

ment of

Magistrate.

not less

than 1 year

but which

may extent

to 3 years

and with

fine for first

conviction.

Imprison-

Cognizable

Non-

Any

ment of

bailable

Magistrate.

not less

than 3 years

but which

may extend

to 7 years

and with

fine for

second or

subsequent

conviction.

354D

Stalking.

Imprison-

Cognizable

Bailable

Any

ment up to

Magistrate.

3 years

and with

fine for

first

conviction.

Imprison-

Cognizable

Non-

Any

ment up to

bailable

Magistrate.”:

5 years and

with fine

for second

or subsequent

conviction.

(d) for the entries relating to section 370, the following entries

shall be substituted, namely:—

“370

Trafficking

Imprison-

Cognizable

Non-

Court of

of person.

ment of

bailable

Session.

not less

than 7

years but

which may

extend to

10 years

and with

fine.

Trafficking

Imprison-

Cognizable

Non-

Court of

of more

ment of

bailable

Session.

than one

not less

person.

than 10

years but

which may

extend to

imprison-

ment for

life and

with fine.

Trafficking

Imprison-

Cognizable

Non-

Court of

of a minor.

ment of

bailable

Session.

not less

than 10

years but

which may

extend to

imprison-

ment for

life and

with fine.

Trafficking

Imprison-

Cognizable

Non-

Court of

of more

ment of

bailable

Session.

than one

not less

minor.

than 14

years but

which may

extend to

imprison-

ment for

life and

with fine.

Person

Imprison-

Cognizable

Non-

Court of

convicted of

ment for

bailable

Session.

offence of

life which

trafficking

shall mean

of minor on

the remainder

more than one

of that

occasion.

person’s

natural life

and with

fine.

Public servant

Imprison-

Cognizable

Non-

Court of

or a police

ment for

bailable

Session.

officer

life which

involved in

shall mean

trafficking of

the remainder

minor.

of that

person’s

natural

life and

with fine.

370A

Exploitation

Imprison-

Cognizable

Non-

Court of

of a

ment of

bailable

Session.

trafficked

not less

child.

than 5

years but

which may

extend to

7 years and

with fine.

Exploitation

Imprison-

Cognizable

Non-

Court of

of a

ment of

bailable

Session.”;

trafficked

not less

person.

than 3 years

but which

may extend

to 5 years

and with

fine.

(e) for the entries relating to sections 376, 376A, 376B, 376C

and 376D, the following entries shall be substituted, namely:—

“376

Rape.

Rigorous

Cognizable

Non-

Court of

imprison-

bailable

Session.

ment of

not less

than 7 years

but which

may extend

to imprison-

ment for

life and

with fine.

Rape

Rigorous

Cognizable

Non-

Court of

by a police

imprison-

bailable

Session.

officer or a

ment of

public

not less

servant or

than 10

member of

years but

armed forces

which may

or a person

extend to

being on the

imprison-

management

ment for

or on the

life which

staff of a jail, shall mean

remand home

the remainder

or other place of that

of custody or person’s

women’s or

natural life

children’s

and with

institution or

fine.

by a person

on the manage-

ment or on

the staff of a

hospital, and

rape committed

by a person in

a position of

trust or authority

towards the

person raped

or by a near

relative of the

person raped.

376A

Person

Rigorous

Cognizable

Non-

Court of

committing

imprison-

bailable

Session.

an offence

ment of not

of rape

less than

and inflicting

20 years

injury which

but which

causes death

may extend

or causes the

to imprison-

woman to be

ment for life

in a persistent

which shall

vegetative

mean

state.

imprisonment

for the

remainder

of that

person’s

natural life

or with

death.

376B

Sexual

Imprison-

Cognizable

Bailable

Court of

intercourse

ment for

(but only

Session.

by husband

not less

on the

upon his wife than 2

complaint

during

years but

of the

separation.

which may victim)

extend to 7

years and

with fine.

376C

Sexual

Rigorous

Cognizable

Non-

Court of

intercourse

imprison-

bailable

Session.

ment for

a person in

not less

authority.

than 5

years but

which may

extend to

10 years

and with

fine.

376D

Gang rape.

Rigorous

Cognizable

Non-

Court of

imprison-

bailable

Session.

ment for

not less

than 20

years but

which may

extend to

imprison-

ment for

life which

shall mean

imprison-

ment for

the remainder

of that

person’s

natural life

and with

fine to be

paid to

the victim.

376E

Repeat

Imprison-

Cognizable

Non-

Court of

offenders.

ment

bailable

Session.”;

for life

which

shall mean

imprison-

ment for

the remainder

of that

person’s

natural life

or with

death.

(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 charactor 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 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.”.

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 of the Indian Penal Code (45 of 1860) 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 of the Indian Penal

Code (45 of 1860).’.

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

of the Indian Penal Code (45 of 1860) 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 TO 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 of the Indian Penal Code (45 of 1860), 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 additon 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 hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken

under the Indian Penal Code (45 of 1860), the Code of Criminal

Procedure, 1973 (2 of 1974), and the Indian Evidence Act, 1872

(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.