The Bharatiya Sakshya (Second) Bill, 2023 |The LexSphere Library

SECTION Section 1

Untitled Section

•REGISTERED NO. DIc=(N)04/0007l2003 13

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•'lh~ <Ga!ettetIC~iG

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•EXIRAORDINARY

•'WI' U-wq 1

•PARTU - SectionI

•~-« VCfiIftm

•PUBLISHED BY AUTHORITY

•"«0 17J

No.17J

•~~, ~, arm 2, 2013rQ 12, 1935 (~)

•NEWDELHI, TUESDAY,APRIL 2, 2013/CHAITRA 12, 1935(SAKA)

•45 of 1860.

•~ 'ff1T 11 f'F;r 1fl!O~ ~ \5ffiitt ~fcti ~ Sffi1T~ri' ~ 11 \8T ~ fi I

•Separate paging is given to this Part in order that it may be filed as a separate compilation.

•MINISTRY OF LAW AND JUSTICE

•(Legislative Department)

•New Delhi, the 2nd April, 2013/Chaitra 12, 1935 (Saka)

•The following Act of Parliament received the assent of the President on the

•2nd April, 2013, and is hereby published for general information:-

•THE CRIMINAL LAW (AMENDMENT) ACT, 2013

No.13 OF 2013

•[2nd April, 2013]

•ANACT furtherto amendtheIndianPenalCode,theCodeofCriminalProcedure,

•1973,theIndianEvidenceAct,1872andtheProtectionofChildrenfromSexual

•OffencesAct, 2012.

•BE itenactedbyParliamentintheSixty-fourthYearoftheRepublicofIndiaas follows:

SECTION Section 10

Untitled Section

•section 376C, section 3760, 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 fme.

166B.Whoever, being in charge ofa 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 ofthe Code of Criminal Procedure, 1973, 2 of 1974.

•shall be punished with imprisonment for a term which may extend to one year or with

•fme or with both.".

SECTION Section 11

Untitled Section

4.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

•3760", the words, figures and letters "offence under section 376, section 376A, section 376B,

SECTION Section 12

Untitled Section

•section 376C, section 3760 or section 376E" shall be substituted.

SECTION Section 13

Untitled Section

5.After section 326 of the Penal Code, the following sections shall be inserted,

•namely:-

•'326A. 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 ofcausing 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 fme:

•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. 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 ofeither 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 fme.

ExplanationI.-For the pwposes 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.

Explanation2.- For the pwposes of section 326A and this section, permanent

•or partial damage or deformity shall not be required to be irreversible.'.

SEC.1] THEGAZETTEOF lNDIAEXTRAORDINARY 3

SECTION Section 14

Untitled Section

6.In section354ofthe PenalCode,forthewords"shallbepunishedwithimprisonment

•ofeitherdescriptionfor a tenn whichmay extendto twoyears,orwithfine, orwithboth",the

•words "shallbe punishedwith imprisonmentofeitherdescriptionfor a tenn whichshallnot

•be lessthanoneyearbutwhichmay extendto five years,andshallalsobe liableto fme" shall

•be substituted.

SECTION Section 15

Untitled Section

7.Aftersection354ofthePenalCode,the followingsectionsshallbe inserted,namely:-

•'354A.(1) Aman committingany ofthe followingacts-

(i)physicalcontactand advancesinvolvingunwelcomeandexplicitsexual

•overtures;or

•(il) a demandor requestfor sexual favours;or

•(iii) showingpornographyagainstthe will of a woman; or

•(tv) makingsexuallycolouredremarks,

•shall be guiltyof the offenceof sexualharassment.

(2)Any man who commitsthe offence specified in clause (l) or clause (il) or

SECTION Section 16

Untitled Section

•clause(iii) of sub-section(1) shallbe punishedwithrigorousimprisonmentfor a tenn

•whichmay extendtothree years,or with fine, or withboth.

(3)Anymanwho commitsthe offencespecifiedin clause(tv) of sub-section(1)

•shallbe punishedwithimprisonmentofeitherdescriptionfor a tenn whichmay extend

•to one year, or with fme, or with both.

354B.Any manwho assaultsor uses criminalforceto any womanor abetssuch

•act with the intentionof disrobingor compellingher to be naked, shall be punished

•with imprisonmentof either descriptionfor a tenn which shall not be less than three

•years but whichmay extendto sevenyears, and shall also be liableto fme.

354C.Any man who watches,or capturesthe imageofa womanengagingin a

•private act in circumstanceswhere she would usually have the expectation of not

•being observedeither by the perpetrator or by any other person at the behest of the

•perpetratoror disseminatessuch image shall be punished on first conviction with

•imprisonmentof eitherdescription for a tenn whichshallnot be lessthan one year,

•but whichmay extendto three years, and shallalso be liableto fine, and be punished

•on a second or subsequentc(jnviction,with imprisonmentof either descriptionfor a

•tenn which shall not be less than three years, but which may extend to seven years,

•and shallalso be liableto fine.

•Explanation I.-For the purposeof this section,"privateact" includesan act of

•watching carried out in a place which, in the circumstances,would reasonably be

•expectedto provide privacy and where the victim'sgenitals,posterior or breasts are

•exposedor coveredonly in underwear;or the victimis usinga lavatory;or the victim

•is doinga sexualact that is not of a kind ordinarilydone in puelic.

•Explanation 2.-Where the victimconsentsto the captureof the imagesor any

•act, but not to their disseminationto third persons and where such image or act is

•disseminated,such disseminationshall be consideredan offence underthis section.

354D.(1) Anymanwho-

(I)followsa womanand contacts,or attempts.to contactsuchwomanto

•fosterpersonalinteractionrepeatedlydespitea clear indicationofdisinterestby

•such woman; or

•Amendment

•of section

SECTION Section 17

Untitled Section

354.

•Insertion of

•new sections

•354A,354B,

•354C and

354D.

•Sexual

•harassment

•and

•punishment

•for sexual

harassment.

•Assault or use

•of criminal

•fQrce to

•woman with

•intent to

disrobe.

Voyeurism.

Stalking.

•4 THEGAZETTEOF INDIAEXTRAORDINARY [PARI'11-

•Substitution of

•new sections

•370 and 370A

•for section

SECTION Section 18

Untitled Section

370.

•Trafficking of

person.

•(il) monitorsthe use by a womanofthe intelllet,emailor any other form

•ofelectroniccommunication,

•commitsthe offenceofstalking:

•Provided that such conduct shall not amount to stalking if the man who

•pursued it proves that-

(i)it was pursuedfor the purposeof preventing or detecting crime and

•the man accused of stalking had been entrusted with the responsibilityof

•preventionand detectionof crimeby the State;or

•(il) it was pursued under any law or to comply with any condition or

•requirementimposedby any personunder any law; or

•(iii) intheparticularcircumstancessuchconductwasreasonableandjustified.

(2)Whoevercommitstheoffenceofstalkingshallbe punishedon firstconviction

•withimprisonmentofeitherdescriptionforatermwhichmayextendto threeyears,and

•shall also be liable to fme; and be punishedon a second or subsequentconviction,

•withimprisonmentofeitherdescriptionfor atermwhichmay extendto five years,and

•shallalsobe liableto fine.'.

SECTION Section 19

Untitled Section

8.For section 370 of the Penal Code, the followingsections shall be substituted,

•namely:-

•'370. (I) Whoever,for the purposeof exploitation,(a) recruits,(b) transports,

(c)harbours,(d) transfers,or (e) receives,a personor persons,by-

First.-- using threats,or

Secondly.- usingforce,or any other form of coercion,or

Thirdly.- by abduction,or

Fourthly.- by practising fraud, or deception,or

Fifthly.- by abuseof power, or

Sixthly.- by inducement,includingthe givingor receiving of payments

•or benefits, in order to achieve the consentof any personhavingcontrol over

•the personrecruited,transported,harboured,transferredor received,

•commitsthe offenceoftrafficking.

•Explanation 1.-Theexpression"exploitation"shallincludeanyactofphysical

•exploitationor any form ofsexualexploitation,slaveryor practicessimilarto slavery,

•servitude,or the forcedremovalof organs.

•Explanation 2.-The consentofthe victimis immaterialin determinationofthe

offenceoftrafficking.

(2)Whoevercommitsthe offenceof traffickingshallbe punishedwithrigorous

•imprisonmentfor a term which shall not be less than seven years, but which may

•extendto ten years, and shallalso be liableto fme.

(3)Wherethe offenceinvolvesthe traffickingof morethan one person,it shall

•be punishablewithrigorousimprisonmentfor a term which shallnot be less than ten

•yearsbut whichmay extendto imprisonmentfor life,and shall also be liableto fme.

(4)Wherethe offenceinvolvesthe traffickingofa minor,it shallbe punishable

•withrigorousimprisonmentfora termwhichshallnotbe lessthanten years, butwhich

•may extendto imprisonmentfor life,andshallalso be liableto fine.

(5)Wherethe offenceinvolvesthe traffickingofmorethanoneminor,it shallbe

•punishablewithrigorousimprisonmentfor a termwhichshallnot be lessthanfourteen

•years,but whichmay extendto imprisonmentfor life,and shall also be liableto fine.

SEC.1] THEGAZETTEOF INDIAEXTRAORDINARY 5

(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 fme.

(7)When a public servant or a police officer is involved in the trafficking ofany

•person then, such public servant or police officer shall be punished with imprisonment

•for life, which shall mean imprisonment for the remainder ofthat person's natural life,

•and shall also be liable to fme.

370A.(/) 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 fme.

(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 fme.'.

SECTION Section 2

Untitled Section

•CHAPTERI

•PRELIMINARY

SECTION Section 20

Untitled Section

9.For sections 375, 376, 376A, 376B, 376C and 376D ofthe Penal Code, the following

•sections shall be substituted, namely:-

•'375. Aman is said to commit "rape" ifhe-

(0)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 ofa woman or makes her to do so with

•him or any other person; or

(c)manipulates any part ofthe body ofa woman so as to cause penetration

•into the vagina, urethra, anus or any part ofbody ofsuch 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.

•Exploitation

•of a trafficked

person.

•Substitution of

•new sections

•for sections

•375, 376,

•376A,3768,

•376C and

376D.

Rape.

•6 THEGAZETIEOF INDIAEXTRAORDINARY [PARTII-

•Punishment

•for rape.

Sixthly.-With or withouther consent,when she is undereighteenyears

•of age.

Seventhly.-When she is unable to communicateconsent.

•Explanation I.-For the purposesof this section, "vagina"shall also include

•labia majora.

•Explanation 2.-Coqsent means an unequivocal voluntaryagreementwhen

•the womanby words,gesturesor any form of verbalor non-verbalcommunication,

•communicateswillingnessto participatein the specificsexualact:

•Providedthat a womanwho doesnot physically resistto the actofpenetration

•shall not by the reason only of that fact, be regarded as consentingto the sexual

activity.

•Exception I.-A medicalprocedureor interventionshallnot constituterape.

Exception2.-Sexual intercourseor sexualactsby a manwithhis ownwife,the

•wife not beingunderfifteenyearsof age, is not rape.'.

SECTION Section 21

Untitled Section

376.(1) Whoever,exceptin the casesprovidedfor in sub-section(2), commits

•rape, shallbe punishedwith rigorous imprisonmentof either descriptionfor a term

•which shallnot be less than sevenyears, but which may extendto imprisonmentfor

•life,andshallalsobe liableto fme.

(2)Whoever,-

(a)beinga policeofficer,commitsrape-

(I)withinthe limitsofthe policestationto whichsuchpoliceofficer

•is appointed;or

•(il) in the premisesof any stationhouse; or

•(iil) on a woman in suchpolice officer'scustodyor in the custody

•of a policeofficersubordinateto suchpoliceofficer;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 subordinateto such

•public servant;or

(c)beinga memberofthe armedforcesdeployedin an areaby theCentral

•or a StateGovernmentcommitsrape in sucharea;or

(d)beingon themanagementor onthestaffofajail, remandhomeor other

•placeofcustodyestablishedby or underany lawforthetimebeingin forceor of

•a women's or children's'institution,commitsrape on any inmate of such jail,

•remandhome,placeor institution;or

(e)beingonthe managementor onthe staffofa hospital,commitsrapeon

•a womanin that hospital;or

(f)being a relative,guardianor teacher of, or a person in a positionof

•trust or authoritytowardsthe woman,commitsrape on such woman;or

(g)commitsrapeduringcommunalor sectarianviolence;or

(h)commitsrapeon a woman knowingher to be pregnant;or

(I)commitsrape on a woman when she is under sixteenyears of age;

•or

SEC.1] THEGAZETTEOF INDIAEXTRAORDINARY 7

•5 of 1861.

(j)commitsrape,on a woman incapableof givingconsent;or

(k)being in a positionof control or dominanceover a woman, commits

•rape on such woman;or

(I)commitsrapeon awomansufferingfrommentalorphysicaldisability;or

(m)while committingrape causes grievous bodily harm or maims or

•disfiguresor endangersthe life of a woman;or

(n)commitsraperepeatedlyon the samewoman,

•shallbe punishedwithrigorousimprisonmentfor a term whichshallnot be less than

•tenyears,butwhichmayextendto imprisonmentfor life,whichshallmeanimprisonment

•for the remainderof thatperson'snaturallife,and shallalsobe liableto fme.

Explanation.-For the purposesof this sub-section,-

(a)"armedforces"meansthe naval,militaryand air forcesand includes

•any memberof theArmed Forcesconstitutedunderany law for the timebeing

•in force,includingthe paramilitaryforcesand any auxiliaryforcesthatareunder

•the controlofthe CentralGovernmentor the StateGovernment;

(b)"hospital"meanstheprecinctsofthe hospitaland includestheprecincts

•ofanyinstitutionfor thereceptionandtreatmentofpersonsduringconvalescence

•or of personsrequiringmedicalattentionor rehabilitation;

(c)"police officer" shall have the same meaning as assigned to the

•expression"police"underthe PoliceAct, 1861;

•(<1) "women'sor children'sinstitution"meansan institution,whethercalled

•an orphanageor a home fer neglectedwomenor childrenor a widow'shome or

•an institutioncalledby any othername,whichis establishedandmaintainedfor

•the receptionand careof womenor children.

376A.Whoever,commitsan offencepunishableunder sub-section(1) or sub

•section(2)of section376 and inthe courseofsuchcommissioninflictsan injurywhich

•causesthe death of the woman or causesthe woman to be in a persistentvegetative

•state,shallbe punishedwithrigorousimprisonmentfor a termwhichshallnot be less

•than twentyyears,but whichmay extendto imprisonmentfor life, which shallmean

•imprisonmentfor the remainderof thatperson'snaturallife,or withdeath.

376B.\\-'hooverhassexualintercoursewithhisownwife,who is livingseparately,

•whether under a decree of separation or otherwise, without her consent, shall

•be punishedwith imprisonmentofeithetdescriptionfor a termwhichshallnotbe less

•than two years but whichmay extendto sevenyears,and shallalso be liableto fme.

Explanation.-In this section,"sexualintercourse"shall mean any of the acts

•mentionedin clauses(a) to (d) of section375.

376C.Whoever,being-

(a)in a positionof authorityor in a fiduciaryrelationship;or

(b)a publicservant;or

(c)superintendentor managerof a jail, remandhome or other place of

•custodyestablishedby orunderanylawforthe timebeingin force,ora women's

•or children'sinstitution;or

(d)on the managementof a hospitalor beingon the staffof a hospital,

•abusessuchpositionor fiduciaryrelationshipto induceor seduceany womaneitherin

•his custodyor under his chargeor presentin the premisesto have sexual intercourse

•withhim,suchsexualintercoursenotamountingtotheoffenceofrape,shallbepunished

•withrigorousimprisonmentofeitherdescriptionfor a termwhichshallnotbe lessthan

•five years,butwhichmay extendto tenyears,andshallalsobe liableto fine.

•Punishment

•for causing

•death or

•resulting in

•persistent

•vegetative

•state of

victim.

•Sexual

•intercourse by

•husband upon

•his wife during

separation.

•Sexual

•intercourse by

•a person in

authority.

•8 THEGAZETTEOF INDIAEXTRAORDINARY [PARTll-

•Gang rape.

•Punishment

•for repeat

offenders.

•Amendment

•of section

SECTION Section 22

Untitled Section

509.

•Explanation 1,-In thissection,"sexualintercourse"shallmeanany ofthe acts

•mentionedin clauses(a) to (d) of section375.

•Explanation 2. -For the purposesof thissection,Explanation 1 to section375

•shallalsobe applicable.

•Explanation 3.-"Superintendent", in relationto a jail, remand home or other

•placeof custodyor a women'sor children'sinstitution,includesa person holdingany

•other office in such jail, remand home, place or institutionby virtue of which such

•personcan exercise any authorityor controlover its inmates.

•Explanation 4.-Theexpressions''hospital''and"women'sorchildren'sinstitution"

•shall respectively have the same meaning as in Explanation to sub-section (2)

ofsection376.

SECTION Section 23

Untitled Section

3760.Wherea womanis rapedby one or morepersonsconstitutinga groupor

•actingin furtheranceofa commonintention,eachofthosepersonsshallbe deemedto

•havecommittedthe offenceofrapeandshallbe punishedwith rigorousimprisonment

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

•whichshallmeanimprisonmentforthe remainderofthatperson'snaturallife,and with

•fine:

•Providedthatsuchfine shallbejust andreasonableto meetthemedicalexpenses

•and rehabilitationof the victim:

•Provided further that any fine imposedunder this section shall be paid to the

victim.

376E.Whoeverhas been previouslyconvictedof an offencepunishableunder

SECTION Section 24

Untitled Section

•section 376 or section 376A or section 3760 and is subsequentlyconvicted of an

•offencepunishableunderany ofthesaidsectionsshallbe punishedwithimprisonment

•for lifewhichshallmeanimprisonmentfortheremainderofthatperson'snaturallife,or

•with death.'.

SECTION Section 25

Untitled Section

10.In section 509 of the Penal Code, for the words "shallbe punished with simple

•imprisonmentfor atermwhichmayextendto oneyear,or withfine,or withboth",the words

•"shallbe punishedwithsimpleimprisonmentfor a termwhichmay extendto threeyears,and

•also with fme" shall be substituted.

SECTION Section 26

Untitled Section

•CHAPTERIII

•AMENDMENTS TO THE CODE OF CRIMINALPROCEDURE,1973

•Amendment 11. In the CodeofCriminalProcedure, 1973 (hereafterin this Chapterreferred to as 2 of 1974.

•of section 26. the Codeof CriminalProcedure),in section26, in the proviso to clause (a), for the words,

•figures and letters "offence under section 376 and sections 376A to 3760 of the Indian

•Penal Code", the words, figures and letters "offence under section 376, section 376A, 45 of 1860.

•section376B,section376C, section3760 or section376E ofthe IndianPenal Code" shall

•be substituted.

•Amendment

•of section

54A.

SECTION Section 27

Untitled Section

12.In section54A oftheCodeofCriminalProcedure,the followingprovisosshallbe

•inserted,namely:-

•"Provided that, if the person identifyingthe person arrested is mentally or.

•physically disabled, such process of identification shall take place under the

•supervisionof a JudicialMagistrate who shall take appropriate steps to ensurethat

•such person identifies the personarrestedusingmethodsthat person is comfortable

•with:

SEC.1] THEGAZETTEOF INDIAEXTRAORDINARY 9

•45 of 1860.

•Providedfurtherthat if the personidentifyingthe personarrestedis mentallyor

•physicallydisabled,the identificationprocess shallbe videographed.".

SECTION Section 28

Untitled Section

13.In section154 ofthe Code ofCriminalProcedure,in sub-section(1), the following

•provisosshallbe inserted,namely:-

•"Providedthatifthe informationis givenbythe womanagainstwhoman offence

•under section326A, section326B,section354, section354A, section354B,section

•354C,section354D,section376, section376A,section376B, section376C,section

•3760, section376E or section509 of the IndianPenal Code is allegedto have been

•committedor attempted,then such informationshall be recorded,by a womanpolice

•officeror anywomanofficer:

•Providedfurtherthat-

•ea) inthe eventthatthepersonagainstwhom an offenceundersection354,

•section354A,section354B,section354C,section354D,section376,section376A,

•section376B,section376C,section376D,section376Eorsection509oftheIndian

•Penal Code is allegedto have been committedor attempted,is temporarilyor

•permanentlymentallyor physicallydisabled, then such informationshall be

•recordedby a policeofficer,at the residenceof the personseekingto reportsuch

•offenceor at a convenientplace of such person'schoice, in the presenceof an

•interpreteror a specialeducator,as the casemay be;

(b)the recordingof such informationshall be videographed;

(c)the police officer shall get the statementof the personrecordedby a

•JudicialMagistrateunderclause(a) of sub-section(5A) of section164 as soon

•as possible.".

SECTION Section 29

Untitled Section

14.In section160ofthe CodeofCriminalProcedure,in sub-section(1), intheproviso,

•for the words"underthe age of fifteenyearsor woman",the words "underthe age of fifteen

•years or above the age of sixty-fiveyears or a woman or a mentallyor physicallydisabled

•person" shall be substituted.

SECTION Section 3

Untitled Section

1.(1) ThisAct maybe calledthe CriminalLaw(Amendment)A~i, 2013.

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

SECTION Section 30

Untitled Section

15.In section 161 of the Code of Criminal Procedure, in sub-section(3), after the

•proviso,the followingprovisoshallbe inserted,namely:-

•"Providedfurtherthatthe statementofa womanagainstwhoman offenceunder

SECTION Section 31

Untitled Section

•section 354, section354A, section 354B, section354C, section 3540, section376,

•section376A,section376B,section376C,section3760, section376Eorsection509of

•the IndianPenalCodeis allegedtohavebeencommittedor attemptedshallberecorded,

•by a womanpoliceofficeror any womanofficer.".

16.In section164ofthe CodeofCriminalProcedure,aftersub-section(5),the following

•sub-section shallbe inserted,namely:-

•"(5A) (a) In cases punishableunder section 354, section 354A,section354B,

•section' 354C, section 354D, sub-section (1) or sub-section (2) of section 376,

•section376A,section376B,section376C,section376D,section376Eorsection509ofthe

•IndianPenalCode,theJudicialMagistrateshallrecordthestatementofthepersonagainst

•whom such offence has been committedin the manner prescribedin sub-section(5),

•as soonas the commissionof the offenceis broughtto the noticeof the police:

•Providedthat ifthe personmakingthe statementis temporarilyor permanently

•mentallyorphysicallydisabled,the Magistrateshalltakethe assistanceofan interpreter

•or a specialeducatorin recordingthe statement:

•Provided further that if the person making the statement is temporarily or

•permanentlymentallyor physicallydisabled,the statementmadeby the person,with

•the assistanceof an interpreteror a specialeducator,shall be videographed.

•Amendment

•of section

SECTION Section 32

Untitled Section

154.

•Amendment

•of section

SECTION Section 33

Untitled Section

160.

•Amendment

•of section

SECTION Section 34

Untitled Section

161.

•Amendment

•of section

SECTION Section 35

Untitled Section

164.

•10 THEGAZETTEOF INOIAEXTRAORDINARY [pARfII-

•Amendment

•of section

SECTION Section 36

Untitled Section

173.

•Amendment

•of section

SECTION Section 37

Untitled Section

197.

•Insertion of

•new section

198B.

•Cognizance of

offence.

•Amendment

•of section

SECTION Section 38

Untitled Section

273.

•Amendment

•of section

SECTION Section 39

Untitled Section

309.

•Amendment

•of section

SECTION Section 4

Untitled Section

•CHAPTERn

•AMENDMENTSTO THE INDIAN PENAL CODE

SECTION Section 40

Untitled Section

327.

•Insertion of

•new sections

•357B and 357C.

•Compensation

•to be in addition

•to fine under

•section326A or

•section376D of

•Indian Penal

Code.

•Treatment of

victims.

(b)A statementrecorded under clause (a) of a person, who is temporarilyor

•permanentlymentallyorphysicallydisabled,shallbe considereda statementin lieuof

•examination-in-chief,as specifiedin section137ofthe IndianEvidenceAct, 1872such

•that the makerofthe statementcan be cross-examinedon such statement,withoutthe

•need for recordingthe same at the timeoftrial.".

SECTION Section 41

Untitled Section

17.In section173 oftheCodeofCriminalProcedure,in sub-section(2),in sub-elause(h)

•of clause(I), for the words,figuresand letter"or 3760 of the IndianPenalCode",the words,

•figuresand letters"3760 or section376Eofthe IndianPenalCode"shallbe substituted.

18.In section197oftheCodeofCriminalProcedure,aftersub-section(1), thefollowing

•Explanation shall be inserted,namely:-

•"Explanation.-For the removalofdoubts it is herebydeclaredthat no sanction

•shall be required in case of a public servant accused of any offf'dcealleged to have

•been committed under section 166A, section 166B, section 354, section 354A,

•section354B,section354C,section3540, section370,section375,section376,section

•376A,section376C, section3760 or section509ofthe IndianPenal Code.".

19.After section 198Aof the Codeof CriminalProcedure,the followingsectionshall

•be inserted,namely:-

•"198B. No Court shall take cognizance of an offence punishable under

•section376Bof the IndianPenalCodewherethepersonsare in a maritalrelationship,

•except uponprimafacie satisfactionof the facts which constitutethe offenceupon a

•complaint havingbeen filed or made by the wife against the husband.".

SECTION Section 42

Untitled Section

20.In section 273 of the Code of Criminal Procedure, before the Explanation, the

•followingprovisoshallbe inserted,namely:-

•"Providedthatwherethe evidenceofawomanbelowthe age ofeighteenyearswho

•is allegedto havebeensubjectedto rapeor anyothersexualoffence,is to be recorded,the

•courtmay take appropriatemeasuresto ensurethat suchwomanis not confrontedby the

•accusedwhileat the sametimeensuringthe rightofcross-examinationofthe accused.".

SECTION Section 43

Untitled Section

21.In section309ofthe CodeofCriminalProcedure,for sub-section(1), the following

•sub-sectionshall be substituted,namely:-

•"(1) Ineveryinquiryortrialtheproceedingsshallbe continuedfromday-to-dayuntil

•allthewitnessesinattendancehavebeenexamined,unlesstheCourtfindstheadjournment

•of the samebeyondthe followingday to be necessaryfor reasonsto be recorded:

•Provided that whenthe inquiryor trial relates to an offence under section376,

•section376A,section376B,section376Cor section3760 ofthe IndianPenalCode,the

•inquiryortrial shall,as faras possiblebe completedwithina periodoftwomonthsfrom

•the date of filing of the chargesheet.".

SECTION Section 44

Untitled Section

22.In section327 oftheCodeofCriminalProcedure,in sub-section(2), forthewords,

•figuresand letter "or section3760 of the IndianPenal Code",the words, figuresand letters

•"section3760 or section376E of the Indian Penal Code" shall be substituted.

SECTION Section 45

Untitled Section

23.Aftersection357Aofthe CodeofCriminalProcedure,the followingsectionsshall

•be inserted,namely:-

•"357B.The compensationpayableby the StateGovernmentundersection357A

•shall be in addition to the payment of fme to the victim under section 326A or

•section3760 of the IndianPenalCode.

357C.All hospitals,publicor private,whether runby the Central Government,

•the StateGovernment,localbodiesor anyotherperson,shallimmediately,providethe

•frrst-aidor medicaltreatment,freeofcost,to the victimsofany offencecoveredunder

•section326A,376,376A,376B,376C,3760 or section376EoftheIndianPenalCode,

•and shall immediatelyinformthe policeof suchincident.".

•1 of 1872.

•45 of 1860.

SEC.1] THEGAZETTEOF INDIAEXTRAORDINARY 11

•45 of 1860.

SECTION Section 46

Untitled Section

24.In the First Schedule to the Code of Criminal Procedure, under the heading

•"I.-QFFENCESUNDERTHEINDIANPENALCODE",-

(a)afterthe entriesrelatingto section166,the followingentriesshallbe inserted,

•namely:-

•2 3 4 5 6

•"166A Public servant Imprisonment Cognizable Bailable Magistrate of the

•disobeying for minimum first class.

•direction under 6 months

law.which may

•extend to 2

•years and fine.

•166B Non-treatment Imprisonment Non- Bailable Magistrate

•of victim by for I year or cognizable of the first

hospital.fine or both. class.";

(b)afterthe entriesrelatingto section326,the followingentriesshallbe inserted,

•namely:-

•2 3 4 5 6

•Amendment

•of First

Schedule.

•"326A

•326B

•Voluntarily

•causing

•grievous hurt

•by use of

•acid, etc.

•Voluntarily

•throwing or

•attempting to

•throw acid.

•Imprisonment for Cognizable

•not less than 10

•years but which

•may extend to

•imprisonment for

•life and fine to be

•paid to the victim.

•Imprisonment for Cognizable

•5 years but which

•may extend to 7

•years and with fme.

•Non-bailable

•Non

•bailable

•Court of Session.

•Court of

Session.";

(c)forthe entriesrelatingto section354,the followingentriesshallbe substituted,

•namely:-

•2 3 4 5 6

•Cognizable Bailable

•"354

•354A

•Assault or use

•of criminal

•force to woman

•with intent to

•outrage her

modesty.

•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 of Cognizable

•I year which may

•extend to 5 years,

•and with fine.

•Imprisonment

•which may extend

•to 3 years or with

•fine or with both.

•Imprisonment Cognizable

•which may extend

•to I year or with

•fine or with both.

•Non

•bailable

•Bailable

•Any Magistrate.

•12 THEGAZETTEOFINDIAEXTRAORDINARY [pAKfII-

•2 3 4 5 6

•354B Assault or use of Imprisonment of Cognizable Non- Any Magistrate.

•criminal force to not less than bailable

•woman with intent 3 years but which

•to disrobe. may extend to

•7 years and

•with fine.

•354C Voyeurism. Imprisonment of Cognizable Bailable Any Magistrate.

•not less than

•1 year but which

•may extend to

•3 years and with

•fine for first

conviction.

•Imprisonment of Cognizable Non- Any Magistrate.

•not less than bailable

•3 years but which

•may extend to

•7 years and with

•fine for second

•or subsequent

conviction.

•354D Stalking. Imprisonment Cognizable Bailable Any Magistrate.

•up to 3 years

•and with fine for

•first conviction.

•Imprisonment Cognizable Non- Any Magistrate.";

•up to 5 years bailable

•and with fine for

•second or

•subsequent

conviction.

(d)fortheentries relatingto section370,thefollowingentriesshallbe substituted,

•namely:-

•2 3 4 5 6

•"370 Trafficking Imprisonment of Cognizable Non- Court of Session.

•of person. not less than bailable

•7 years but which

•may extend to

•10 years and with

fine.

•Trafficking Imprisonment of Cognizable Non- Court of Session.

•of more than not less than bailable

•one person. 10 years but which

•may extend to

•imprisonment for

•life and with fine.

•Trafficking Imprisonment of Cognizable Non- Court of Session.

•of a minor. not less than bailable

•10 years but which

•may extend to

•imprisonment for

•life and with fine.

•Trafficking Imprisonment of Cognizable Non- Court of Session.

•of more than not less than bailable

•one minor. 14 years but which

•may extend to

•imprisonment for

•life and with fine.

SEC.I] THEGAZETTEOF INDIAEXTRAORDINARY 13

•2 3 4 5 6

•Person Imprisonment for Cognizable Non-bailable Court of Session.

•convicted of life which shall

•offence of mean the

•trafficking of remainder of that

•minor on more person's natural

•than one occasion. life and with fine.

•Public servant Imprisonment for Cognizable Non-bailable Court of Session.

•or a police officer life which shall

•involved in mean the

•trafficking of remainder of that

minor.person's natural

•life and with fine.

•370A Exploitation Imprisonment of Cognizable Non-bailable Court of Session.

•of a trafficked not less than

child.5 years but which

•may extend to

•7 years and with

fine.

•Exploitation Imprisonment of Cognizable Non-bailable Court of Session.";

•of a trafficked not less than

person.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:-

•2 3 4 5 6

•Cognizable

•"376 Rape.

•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 or by a

•near relative of

•the person

raped.

•Rigorous Cognizable

•imprisonment of

•not less than

•7 years but which

•may extend to

•imprisonment

•for life and with

fine.

•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.

•Non-bailable

•Court

•of Session.

•Court of Session.

•14 THEGAZETTEOF INDIAEXTRAORDINARY [pARTII-

•2 3 4 5 6

•376A Person committing Rigorous Cognizable Non-bailable Court of Session.

•an offence of imprisonment of

•rape not less than

•and inflicting 20 years but

•injury which which may extend

•causes death or to imprisonment

•causes the woman for life which

•to be in a persistent shall mean

•vegetative state. imprisonment

•for the

•remainder of

•that person's

•natural life or

•with death.

•376B Sexual intercourse Imprisonment Cognizable Bailable Court of Session.

•by husband upon for not less than (but only on

•his wife 2 years but the complaint

•during which may of the victim)

separation.extend to 7

•years and with

fine.

•376C Sexual Rigorous Cognizable Non-bailable Court of Session.

•intercourse by imprisonment

•a person in for not less than

authority.5 years but which

•may extend to

•10 years and

•with fine.

•376D Gang rape. Rigorous Cognizable Non-bailable Co.urt of Session.

•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.

•376E Repeat offenders. Imprisonment Cognizable Non-bailable Court of Session.";

•for life which

•shall mean

•imprisonment

•for the

•remainder of

•that person's

•natural life or

•with death.

SEC.1] THEGAZETTEOF INDIAEXTRAORDINARY 15

•I of 1872.

•45 of 1860.

(j)inentryrelatingto :;ection509, in colwnn 3, forthe words "Simple imprisonment

•for one year, or fme, or both,", lhe words and figure "Simple imprisonment for 3 years

•and with fine " shall be substituted.

•CHAPfERN

•AMENDMENTSTO THE INDIANEVIDENcEAcr,1872

SECTION Section 47

Untitled Section

25.After section 53 ofthe Indian Evidence Act, 1872 (hereafter in this Chapter referred

•to as the Evidence Act), the following section shall be inserted, namely:-

•"53A. In a prosecution for an offence under section 354, section 354A,

SECTION Section 48

Untitled Section

•section 354B, section 354C, section 3540, section 376, section 376A, section 376B,

SECTION Section 49

Untitled Section

•section 376C, section 3760 or section 376E ofthe Indian Penal Code>or for attempt to

•commit any such offence, where the question of consent is in issue, evidence of the

•character ofthe victim or ofsuch person's previous sexual experience with any person

•shall not be relevant on the issue of such consent or the quality of consent.".

SECTION Section 5

Untitled Section

2.In the Indian Penal Code(hereafter in this Chapterreferredto as the Penal Code),

•in section 100, after clause Sixthly, the followingclause shallbe inserted, namely:-

•"Seventhly.-An act of throwingor administeringacid or an attempt to throw

•or administer acid which may reasonablycause the apprehensionthat grievous hurt

•will otherwisebe the consequenceof such act.".

•Short title and

commencement.

•Amendment

•of section

SECTION Section 50

Untitled Section

26.For section 114A of the Evidence Act, the following section shall be substituted,

•namely:-

•'114A. In a prosecution for rape under clause (a), clause (b), clause (c),

•~~~~~~~~~~~~~~~m

SECTION Section 51

Untitled Section

•clause (I), clause (m) or clause (n) of sub-section (2) of section 376 of the Indian

•Penal Code, where sexual intercourse by the accused is proved and the question is

•whether it was without the consent ofthe 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.'.

SECTION Section 52

Untitled Section

27.For section 119 of the Evidence Act, the following section shall be substituted,

•namely:-

•"119. 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.".

SECTION Section 53

Untitled Section

28.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 Section 54

Untitled Section

•section 376B, section 376C, section 3760 or section 376E ofthe 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.".

•Insertion of

•new section

53A.

•Evidence of

•character or

•previous

•sexual

•experience

•not relevant

•in certain

cases.

•Substitution

•of new

•section for

SECTION Section 55

Untitled Section

•section

114A.

•Presumption

•as to absence

•of consent in

•certain

•prosecution

•for rapCl.

•Substitution

•of new

•section for

•se~tion 119.

•Witness

•unable to

•communicate

verbally.

•Amendment

•of section

SECTION Section 56

Untitled Section

146.

•16 THEGAZETTEOF INDIAEXTRAORDINARY [PARTn-SEC. I]

•Substitution

•of new

•sections for

SECTION Section 57

Untitled Section

•section 42.

•Alternate

punishment.

•Act not in

•derogation of

•any other law.

•CHAPlERV

•AMENDMENTTO TIlE PROTECTIONOF CHllDRENFROM SEXUALOFFENCESACT, 2012

SECTION Section 58

Untitled Section

29.For section42 ofthe ProtectionofChildren from SexualOffencesAct, 2012, the 32 of 2012.

•followingsectionsshall be substituted,namely:-

•"42. Wherean act or omissionconstitutesan offencepunishableunder this Act

•and alsoundersections I66A, 354A,354B,354C,3540, 370, 370A,375, 376, 376A,

•376C, 3760, 376E or section 509 of the Indian Penal Code, then, notwithstanding 45 of 1860.

•anythingcontainedin any law for the time beingin force,the offenderfoundguilty of

•such offence shall be liable to punishmentunder this Act or under the Indian Penal

•Code as providesfor punishmentwhich is greater in degree.

42A.The provisionsof this Act shall be in additonto and not in derogation of

•the provisions of any other law for the time being in force and, in case of any

•inconsistency,the provisionsofthisAct shallhaveoverridingeffecton the provisions

•of any such law to the extent of the inconsistency.".

•CHAPlERVI

•MISCELLANEOUS

•Repeal and

savings.

SECTION Section 59

Untitled Section

30.(1) TheCriminalLaw(Amendment)Ordinance,2013 is herebyrepealed.

(2)Notwithstandingsuch repeal, anythingdone or any actiontaken under the Indian

•Penal Code, the Code of CriminalProcedure, 1973 and the IndianEvidenceAct, 1872, as

•amended by the said Ordinance, shall be deemed to have been done or taken under the

•correspondingprovisions of those Acts, as amendedby this Act.

P.K. MALHOTRA,

•Secretary to the Govt. ofIndia.

•CORRIGENDA

•In the Readjustmentof Representationof ScheduledCastesand ScheduledTribes in

•ParliamentaryandAssemblyConstituenciesOrdinance,2013(Ord.2 of20 13)as publishedin

•GazetteofIndta,Extraordiniuy,PartII, Section1; datedthe30thJanUiuy,2013 (IssueNo. 7):-

SECTION Section 6

Untitled Section

100.

•2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-

•Insertionof new 3. I.fter section 166 of the Penal Code, the following sections shall be inserted,

•sections 166A namely:-

•and 1668.

•Public servant

•disobeying

•direction

•under law.

•Punishment

•for non

•treatment of

victim.

•Amendment of

SECTION Section 60

Untitled Section

1.At page I, in the longtitie,for "the inclusion",read "inclusion".

SECTION Section 61

Untitled Section

2.At page 2, in line 9,for "Sheduled",read "Scheduled".

SECTION Section 62

Untitled Section

3.At page 3,-

(i)in line 31,for "disolution",read "dissolution";

•(ii) in line37,for "ommission",read "omission";

•(iii) in line40,for "expendient",read "expedient".

•CORRIGENDA

•The CriminalLaw(Amendment)Ordinance,2013 (Ord.3 of20 13)as publishedin the

•GazetteofIndia,Extraordiniuy,PartII, SectionI, datedthe3rdFebTUiuy,2013(IssueNo. 8):-

SECTION Section 63

Untitled Section

1.At page 11, in line 30,for "proviso",read "provisos".

SECTION Section 64

Untitled Section

2.At page 15, in column3 againstsection354C,in line38,for "year",read "years".

SECTION Section 65

Untitled Section

3.At page 16, in line l,for "sections",read "section".

•PRINTEDBY TIlE GENERALMANAGER,GOVT. OF INDIAPRESS,MINTOROAD. NEW DELHI

•AND PUBLISHEDBY CONTROLLEROF PUBLICATIONS.DELHI-2013

•GMGIPMRND-08GI(S4)-02-Q4..2013.

Oed.3 of

SECTION Section 66

Untitled Section

2013.

•45 of 1860.

•2 of 1974.

•1 of 1872.

SECTION Section 7

Untitled Section

•section 228A.

•Insertion of

•new sections

•326A and

SECTION Section 8

Untitled Section

3268.

•Voluntarily

•causing

•grievous hurt

•by use of

•acid, etc.

•Voluntarily

•throwing or

•attempting to

•throw acid.

•"166A. 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 ofany 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 Section 9

Untitled Section

•section 154 ofthe Code ofCriminal Procedure, 1973, in relation to cognizable 2 of 1974.

•offence punishable under section 326A, section 326B, section 354, section

•354B, section 370, section 370A, section 376, section 376A, section 376B,