Criminal Law (Amendment) Ordinance, 2013 (3 of 2013)
(1) This Ordinance may be called the Criminal Law (Amendment) Ordinance, 2013.
(2) It shall come into force at once.
In the Indian Penal Code (hereafter in this Chapter referred to as the Penal Code), in Section 100, in the clause Secondly, after the words "grievous hurt", the words "including the offence of grievous hurt punishable under Section 326A" shall be inserted.
After section 166 of the Penal Code, the following section shall be inserted, namely:--
"166A. Public Servant disobeying direction under law
Whoever, being a public servant,--
(a) knowingly disobeys any direction of the law which prohibits him from requiring 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 and in particular in relation to cognizable of
After section 326 of the Penal Code, the following sections shall be inserted, namely:--
"326A. Voluntarily causing grievous hurt by use of acid, etc.-Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life and with fine which may extend to ten lakh rupees:
Provided that any fine imposed under this section shall be given to the person on whom acid was thrown or to whom acid was admin
In section 354 of the Penal Code, for the words "shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both", the words "shall be punished with imprisonment of either description for a term of one year which may extend to five years and shall also be liable to fine" shall be substituted.
After section 354 of the Penal Code, the following sections shall be inserted, namely:--
"354A. Sexual harassment and punishment for sexual harassment.-(1) The following acts or behaviour shall constitute the offence of sexual harassment--
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) forcibly showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
(2) Any person who commits the offence specified in clause (i) or clause (i
For section 370 of the Penal Code, the following sections shall be substituted, namely:-
(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 recruit
For sections 375, 376, 376A, 376B, 376C and 376D of the Penal Code, the following sections shall be substituted, namely:--
"375. Sexual assault.- A person is said to commit "sexual assault" if that person--
(a) penetrates his penis, to any extent, into the vagina, mouth urethra or anus of another person or makes the person to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of another person or makes the person to do so with him or any other person; or
(c) manipulates any part of the body of another person so as to cause penetration into the vagina, urethra, anus or any part of body of such person or makes the person to d
In Section 509 of the Penal Code, for the words "shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both", the words "shall be punished with simple imprisonment for a term which may extend to three years and shall also be liable to fine" shall be substituted.
In the Code of Criminal Procedure, 1973 (hereafter in this Chapter referred to as the Code of Criminal Procedure), in section 54A, the following proviso shall be inserted, namely:--
"Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that the person is comfortable with:
Provided further, that if the person identifying the person arrested is mentally or physically disabled, the identification process may be videographed.".
In section 154 of the Code of Criminal Procedure, in sub-section (1), the following provisos shall be inserted, namely:--
"Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 375, section 376, section 376A, section 376B, section 376C, section 376D, section 376E and section 509 of the Indian Penal Code is alleged to have been committed or attempted, then such information shall be recorded, as far as possible, by a woman police officer and such woman shall be provided legal assistance and also the assistance of a healthcare worker or women's organisation or both:
Provided further that--
(a) in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C,
In section 160 of the Code of Criminal Procedure, in sub-section (1), in the proviso, for the words "under the age of fifteen years or woman", the words "under the age of eighteen years or above the age of sixty-five years or a woman or a physically or mentally disabled person" shall be substituted.
In Section 161 of the Code of Criminal Procedure, in sub-section (3), after the proviso, the following proviso shall be inserted, namely:--
"Provided further that the statement of a woman against whom an offence under Section 354, Section 354A, Section 354B, Section 354C, Section 354D, Section 375, Section 376, Section 376A, Section 376B, Section 376C, Section 376D, Section 376E or Section 509 of the Indian Penal Code is alleged to have been committed or attempted shall be recorded, as far as possible, by a woman police officer.".
In Section 164 of the Code of Criminal Procedure, after sub-section (5), the following sub-section shall be inserted, namely:
"(5A) (a) In cases punishable under Section 354, Section 354A, Section 354B, sub-section (2) of Section 354C, sub-section (1) or sub-section (2) of Section 376, Section 376A, Section 376B, Section 376C, Section 376D or Section 376E of the Indian Penal Code, the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police:
Provided that if the person making the statement is temporarily or permanently physically or mentally disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the s
After Section 198A of the Code of Criminal Procedure, the following section shall be inserted, namely:--
"198B. Cognizance of offence.-No Court shall take cognizance of an offence under Section 376B of the Indian Penal Code where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the accused husband.".
In Section 273 of the Code of Criminal Procedure, before the Explanation, the following proviso shall be inserted, namely:
"Provided that where the evidence of a person below the age of eighteen years who is alleged to have been subjected to sexual assault or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such person is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused."
In Section 327 of the Code of Criminal Procedure, in sub-section (2), for the words, figures and letters "trial of rape or an offence under Section 376, Section 376A, Section 376B, Section 376C or Section 376D of the Indian Penal Code", the words, figures and letters "trial of sexual assault or an offence under Section 376, Section 376A, Section 376B, Section 376C, Section 376D or Section 376E of the Indian Penal Code" shall be substituted.
In the First Schedule to the Code of Criminal Procedure, under the heading "1.-OFFENCES UNDER THE INDIAN PENAL CODE",--
(a) after the entries relating to section 166, the following entries shall be inserted, namely:-
1 2 3 4 5 6
"166A Public servant Imprisonment Non- Bailable Magistrate
disobeying direction for one year or cognizable of the first
under law fine or with both class";
under law
(b) after the entries relating to section 326, the following entries shall be inserted, namely:--
1 2 3
For section 114A of the Evidence Act, the following section shall be substituted, namely:--
"114A. Presumption as to absence of consent in certain prosecution for sexual assault.-In a prosecution for sexual assault under clause (a), clause (b), clause (c), clause (d), clause (e), clause (f), clause (g), clause (h), clause (i), clause (j), clause (k), clause (l) or clause (m) of sub-section (2) of section 376 of the Indian Penal Code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the other person alleged to have been sexually assaulted and such other person states in that person's evidence before the court that such person did not consent, the court shall presume that such person did not consent.
Explanation.-- In this section "sexual intercourse" shall mean any of the acts m
For section 119 of the Evidence Act, the following section shall be substituted, namely:--
"119. Witness unable to communicate verbally.-A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court, evidence so given shall be deemed to be oral evidence:
Provided that if the witness is unable to communicate verbally, the Court shall take the assistance of a special educator or interpreter in recording the statement, and such statement may be videographed.".
In section 146 of the Evidence Act, for the proviso, the following proviso shall be substituted, namely:--
"Provided that in a prosecution for an offence under sub-section (1) or sub-section (2) of section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code or for attempt to commit any such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent.".
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