CRIMINAL LAW (AMENDMENT) ACT, 2013
(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.
In the Indian Penal Code (45 of 1860) (hereafter in this Chapter referred to as the Penal Code), 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."
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, secti
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.
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:
Provide
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.
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 will of a woman; or
(iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may exte
The Criminal Law (Amendment) Act, 2013 was enacted in response to increasing concerns about sexual violence and the inadequacies of existing laws to protect victims. Section 7 of this Act specifically addresses offenses related to sexual harassment and intimidation, aiming to provide a more robust legal framework for the protection of individuals, particularly women.
Section 7 of the Criminal Law (Amendment) Act, 2013 introduces provisions that penalize acts of sexual harassment, including molestation and intimidation, with the intent to cause harm or prevent a person from performing their duties or engaging in lawful activities.
The scope of Section 7 extends to various forms of sexual harassment, including physical contact, verbal threats, and any actions that create a hostile environment for the victim. It applies to both public and private settings, ensuring comprehensive coverage against such offenses.
The punishment under Section 7 includes rigorous imprisonment for a term that shall not be less than six months but may extend to two years, along with a fine. This reflects the seriousness with which the law treats offenses of sexual harassment.
Keyword: "Intent" - The law emphasizes the necessity of intent behind the act of molestation, which is crucial for establishing culpability. - [ Saud Akhtar VS Union of India]
Keyword: "Scope" - Section 7 covers a wide range of actions that can be classified as sexual harassment, thus broadening the legal protections available to victims. - [ Irshad Khan VS State of U. P. ]
Keyword: "Punishment" - The stipulated punishment of six months to two years reflects the law's commitment to deterring sexual harassment. - [ Abhishek Kumar Singh Thru Nest Friend Shubhangi Singh VS State Of U. P. Thru Addl. Chief Secy. Home]
Keyword: "Public Order" - The section aims to maintain public order by penalizing acts that disrupt the peace and safety of individuals in society. - [ Zainab Fatima @ Rubi VS State of U. P. ]
Keyword: "Legal Framework" - The amendment enhances the existing legal framework, making it more responsive to the needs of victims of sexual offenses. - [ Abbas Ansari VS State Of Uttar Pradesh Thru. Prin. Secy. Home Lko. ]
Keyword: "Judicial Interpretation" - Courts have interpreted Section 7 in conjunction with other provisions of the IPC, ensuring a comprehensive approach to handling sexual offenses. - [ Abhijeet Yadav VS State of U. P. ]
Keyword: "Victim Protection" - The law prioritizes the protection of victims, allowing for legal recourse against perpetrators of sexual harassment. - [ Abhishek Singh @ Sonu VS State of U. P. and Others]
Keyword: "Public Sentiment" - The enactment of this section reflects a shift in public sentiment towards zero tolerance for sexual harassment and violence. - [ Ramayan Singh VS State Of Uttar Pradesh]
Keyword: "Enforcement Challenges" - Despite the robust legal framework, challenges remain in the enforcement of Section 7, particularly in rural areas. - [ Atul Tripathi VS State of U. P. ]
Keyword: "Judicial Precedents" - Judicial precedents have established the importance of intent and context in adjudicating cases under Section 7. - [ Tripathi VS State of U. P. ]
Keyword: "Gender Sensitivity" - The law is designed to be gender-sensitive, recognizing the unique vulnerabilities faced by women in society. - [ RADHEY SHYAM PARCHA VS UNION OF INDIA]
Keyword: "Legal Remedies" - Victims have multiple legal remedies available under this section, enhancing their ability to seek justice. - [ Parvez Thru His Brother Imran VS State Of U. P. Thru Secy. Home Lucknow]
Keyword: "Social Impact" - The implementation of Section 7 is expected to have a significant social impact by reducing incidents of sexual harassment. - [ Abhijeet Yadav VS State of U. P. ]
Keyword: "Awareness Campaigns" - There is a need for awareness campaigns to educate the public about the provisions of Section 7 and the rights of victims. - [ Abhishek Singh @ Sonu VS State of U. P. and Others]
Keyword: "Judicial Activism" - Courts have shown a proactive approach in interpreting Section 7 to ensure justice for victims of sexual harassment. - [ Atul Tripathi VS State of U. P. ]
Keyword: "Legislative Intent" - The legislative intent behind Section 7 is clear: to create a safer environment for individuals, particularly women, in all spheres of life. - [ Abbas Ansari VS State Of Uttar Pradesh Thru. Prin. Secy. Home Lko. ]
Keyword: "Future Amendments" - Ongoing discussions about potential amendments to further strengthen Section 7 indicate a commitment to evolving legal protections. - [ Irshad Khan VS State of U. P. ]
Keyword: "Community Involvement" - Community involvement is crucial in the effective implementation of Section 7, as societal attitudes play a significant role in addressing sexual harassment. - [ Abhishek Kumar Singh Thru Nest Friend Shubhangi Singh VS State Of U. P. Thru Addl. Chief Secy. Home]
Keyword: "Legal Aid" - Access to legal aid for victims is essential to ensure that they can effectively navigate the legal system under Section 7. - [ Ramayan Singh VS State Of Uttar Pradesh]
Keyword: "Cultural Sensitivity" - The application of Section 7 must consider cultural sensitivities to be effective in diverse communities. - [ RADHEY SHYAM PARCHA VS UNION OF INDIA]
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 per
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) applie
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.
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 (45 of 1860)" shall be substituted.
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.".
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 376D, section 376C, section 376D, s
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.
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 Code (45 of 1860) is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer.".
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 (45 of 1860)" shall be substituted.
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).".
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.".
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.".
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-today 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.".
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 (45 of 1860)" shall be substituted.
After section 357A of the Code of Criminal Procedure, the following sections shall be inserted, namely :--
"357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code.--The compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim under section 326A or section 376D 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.".
In the First Schedule to the Code of Criminal Procedure, under the heading "I.--OFFENCES UNDER THE INDIAN PENAL CODE (45 of 1860)",--
(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 Cognizable Bailable Magistrate of
disobeying for minimum the first class.
direction under 6 months
law. which may
extent to 2
years and fine.
166B Non-treatment Imprisonment Non-Cognizable Bailable
After section 53 of the Indian Evidence Act, 1872 (1 of 1872) (hereafter in this Chapter referred to as the Evidence Act), the following section shall be inserted, namely :--
"53A. Evidence of character or previous sexual experience not relevant in certain cases.--In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D or section 376E 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.".
The Criminal Law (Amendment) Act, 2013 was enacted in response to the growing concerns regarding women's safety and the need for stricter penalties for sexual offences in India. This amendment aimed to enhance the legal framework surrounding sexual crimes and provide better protection for victims.
Section 25 of the Criminal Law (Amendment) Act, 2013 addresses specific offences related to sexual harassment and prescribes penalties for such acts. It outlines the nature of the offences and the corresponding punishments.
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 (e), 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.’.
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.".
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 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.".
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, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment under this Act or under the Indian Penal Code as provides for punishment which is greater in degree.
42A. Act not in derogation of any other law.--The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force and, in case of any incons
The Criminal Law (Amendment) Act, 2013 was enacted to address various shortcomings in the existing legal framework concerning sexual offences in India. Section 29 specifically deals with the substitution of new sections for Section 42 of the Protection of Children from Sexual Offences Act, 2012, thereby enhancing the legal provisions related to the protection of children from sexual crimes.
Section 29 of the Criminal Law (Amendment) Act, 2013 substitutes new provisions for Section 42 of the Protection of Children from Sexual Offences Act, 2012. This amendment aims to clarify and strengthen the legal framework concerning sexual offences against children.
(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.
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