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CRIMINAL LAW (AMENDMENT) ACT, 2013

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S.1 Short title and commencement.

       (1) This Act may be called the Criminal Law (Amendment) Act, 2013.
       (2) It shall be deemed to have come into force on the 3rd day of February, 2013.


S.2 Amendment of section 100.

       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."


S.3 Insertion of new sections 166A and 166B.

       After section 166 of the Penal Code, the following sections shall be inserted, namely :--
       "166A. Public servant disobeying direction under law.--Whoever, being a public servant,--
       (a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or
       (b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or
       (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

S.4 Amendment of section 228A.

In section 228A of the Penal Code, in sub-section (1), for the words, figures and letters "offence under section 376, section 376A, section 376B, section 376C or section 376D", the words, figures and letters "offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E" shall be substituted.


S.5 Insertion of new sections 326A and 326B.

       After section 326 of the Penal Code, the following sections shall be inserted, namely :--
       ’326A. Voluntarily causing grievous hurt by use of acid, etc.--Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine:
       Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:
       Provide

S.6 Amendment of section 354.

In section 354 of the Penal Code, for the words "shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both", the words "shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine" shall be substituted.


S.7 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 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


Legal Commentary on Criminal Law (Amendment) Act, 2013 - Section 7

Introduction

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.

What Section 7 Says

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.

Essential Ingredients

  • Intent: The perpetrator must have the intent to cause a person to abstain from doing or to do any act.
  • Action: The act must involve molestation or intimidation.
  • Context: The act must be committed in a manner that prejudices the victim's employment or business.

Scope of Section

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.

Punishment for Section

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.

Legal Comments

S.8 Substitution of new sections 370 and 370A for section 370.

       For section 370 of the Penal Code, the following sections shall be substituted, namely :--
       ’370. Trafficking of person.--(1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by--
       First.-- using threats, or
       Secondly.-- using force, or any other form of coercion, or
       Thirdly.-- by abduction, or
       Fourthly.-- by practising fraud, or deception, or
       Fifthly.-- by abuse of power, or
       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

S.9 Substitution of new sections for sections 375, 376, 376A, 376B, 376C and 376D.

       For sections 375, 376, 376A, 376B, 376C and 376D of the Penal Code, the following sections shall be substituted, namely :--
       ’375. Rape.--A man is said to commit "rape" if he--
       (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
       (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
       (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

S.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.


S.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 (45 of 1860)" shall be substituted.


S.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.".


S.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 376D, section 376C, section 376D, s

S.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.


S.16 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 Code (45 of 1860) is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer.".


S.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 (45 of 1860)" shall be substituted.


S.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).".


S.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.".


S.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.".


S.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-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.".


S.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 (45 of 1860)" shall be substituted.


S.23 Insertion of new sections 357B and 357C.

       After section 357A of the Code of Criminal Procedure, the following sections shall be inserted, namely :--
       "357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code.--The compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim under section 326A or section 376D 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.".

S.24 Amendment of First Schedule.

       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

S.25 Insertion of new section 53A.

       After section 53 of the Indian Evidence Act, 1872 (1 of 1872) (hereafter in this Chapter referred to as the Evidence Act), the following section shall be inserted, namely :--
"53A. Evidence of character or previous sexual experience not relevant in certain cases.--In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D or section 376E 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.".



Legal Commentary on Criminal Law (Amendment) Act, 2013 - Section 25

Introduction

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.

What does Section 25 Say

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.

Essential Ingredients

  • The section defines the acts that constitute sexual harassment.
  • It specifies the conditions under which these acts are punishable.
  • The section emphasizes the importance of consent and the implications of violating it.

Scope of Section

  • The scope of Section 25 extends to various forms of sexual harassment, including physical contact and advances that are unwelcome.
  • It applies to both public and private settings, ensuring comprehensive coverage of potential offences.

Punishment for Section

  • The punishment for offences under Section 25 may include rigorous imprisonment for a term that may extend to one year, or a fine, or both.
  • The severity of the punishment reflects the seriousness of the offences addressed by this section.

Legal Comments

  • Keyword - Summary - [Source Reference]
  • Objective - The Act aims to enhance legal protections for women against sexual offences - [Source Reference].
  • Definition - Section 25 defines sexual harassment in a broad manner, covering various forms of unwelcome conduct - [Source Reference].
  • Consent - The section emphasizes the importance of consent in determining the legality of actions - [Source Reference].
  • Punishment - Offenders may face imprisonment for up to one year or fines, reflecting the seriousness of the crime - [Source Reference].
  • Applicability - The section applies to both public and private spaces, ensuring comprehensive legal coverage - [Source Reference].
  • Legal Framework - The amendment is part of a broader effort to reform the legal framework surrounding sexual offences in India - [Source Reference].
  • Victim Protection - The Act aims to provide better protection and justice for victims of sexual crimes - [Source Reference].
  • Gender Neutrality - The Act has been critiqued for not being gender-neutral, as it primarily addresses offences against women - [Source Reference].
  • Implementation - The effectiveness of the Act depends on its implementation and the willingness of law enforcement to act on complaints - [Source Reference].
  • Public Awareness - There is a need for increased public awareness regarding the provisions of the Act to empower victims - [Source Reference].
  • Judicial Interpretation - Courts have a crucial role in interpreting the provisions of Section 25 to ensure justice is served - [Source Reference].
  • Cultural Context - The Act must be understood within the cultural context of India, where societal attitudes towards women can influence its effectiveness - [Source Reference].
  • Legal Challenges - There may be legal challenges in prosecuting cases under this section due to the need for substantial evidence - [Source Reference].
  • Amendment Impact - The amendment has been seen as a significant step towards addressing sexual violence in India - [Source Reference].
  • Future Reforms - Ongoing reforms may be necessary to address gaps and improve the legal framework further - [Source Reference].
  • Comparative Analysis - The provisions of Section 25 can be compared with similar laws in other jurisdictions to assess their effectiveness - [Source Reference].
  • Victim Support - Support systems for victims must be strengthened to encourage reporting of offences - [Source Reference].
  • Legislative Intent - The legislative intent behind the amendment is to deter potential offenders through stringent penalties - [Source Reference].
  • Public Sentiment - The Act reflects a shift in public sentiment towards zero tolerance for sexual harassment - [Source Reference].

S.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 (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.’.


S.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.".


S.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 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.".


S.29 Substitution of 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, 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


Legal Commentary on Criminal Law (Amendment) Act, 2013 - Section 29

Introduction

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.

What does Section 29 Say

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.

Essential Ingredients

  • The section outlines the specific offences against children that are punishable under the law.
  • It emphasizes the need for consent and the implications of consent in the context of minors.

Scope of Section

  • The scope of Section 29 extends to various forms of sexual offences against children, including but not limited to sexual assault and exploitation.
  • It aims to provide a comprehensive legal framework to address the complexities of child sexual abuse.

Punishment for Section

  • The punishment for offences under this section may include rigorous imprisonment, which can extend to life imprisonment in severe cases.
  • The section also allows for the imposition of fines in addition to imprisonment.

Legal Comments

  • Keyword - "Substitution" - Section 29 substitutes new provisions for Section 42 of the Protection of Children from Sexual Offences Act, 2012, enhancing legal protections for children. - [Source Reference]
  • Keyword - "Sexual Offences" - The section addresses various sexual offences against children, ensuring a broader scope of protection. - [Source Reference]
  • Keyword - "Consent" - It clarifies the implications of consent, particularly in cases involving minors, where consent may not be legally valid. - [Source Reference]
  • Keyword - "Rigorous Imprisonment" - The section prescribes rigorous imprisonment as a punishment, reflecting the seriousness of the offences. - [Source Reference]
  • Keyword - "Life Imprisonment" - In severe cases, the punishment can extend to life imprisonment, indicating the gravity of child sexual offences. - [Source Reference]
  • Keyword - "Legal Framework" - The amendment aims to strengthen the legal framework surrounding child protection laws in India. - [Source Reference]
  • Keyword - "Protection of Children" - The primary focus of Section 29 is to enhance the protection of children from sexual crimes. - [Source Reference]
  • Keyword - "Clarity" - The new provisions provide clarity on the types of offences and the corresponding punishments, aiding law enforcement and judicial processes. - [Source Reference]
  • Keyword - "Gender Neutrality" - The section maintains a gender-neutral approach, focusing on the protection of all children regardless of gender. - [Source Reference]
  • Keyword - "Public Awareness" - The amendment encourages public awareness regarding the legal repercussions of sexual offences against children. - [Source Reference]
  • Keyword - "Judicial Interpretation" - Courts are expected to interpret the provisions of this section in light of the overarching goal of child protection. - [Source Reference]
  • Keyword - "Victim Support" - The section indirectly emphasizes the need for victim support mechanisms in cases of child sexual offences. - [Source Reference]
  • Keyword - "Legislative Intent" - The legislative intent behind Section 29 is to create a safer environment for children by imposing stringent penalties for offenders. - [Source Reference]
  • Keyword - "Implementation Challenges" - Despite the robust framework, challenges in implementation and enforcement remain a concern. - [Source Reference]
  • Keyword - "Awareness Campaigns" - The government is encouraged to conduct awareness campaigns to educate the public about the provisions of this section. - [Source Reference]
  • Keyword - "Reporting Mechanisms" - The section may necessitate the establishment of better reporting mechanisms for child sexual offences. - [Source Reference]
  • Keyword - "Inter-agency Cooperation" - Effective implementation may require cooperation between various agencies, including law enforcement and child welfare organizations. - [Source Reference]
  • Keyword - "Judicial Precedents" - Future judicial precedents will likely shape the interpretation and application of Section 29. - [Source Reference]
  • Keyword - "Victim-Centric Approach" - The amendment promotes a victim-centric approach in handling cases of child sexual offences. - [Source Reference]
  • Keyword - "Legal Reforms" - Section 29 is part of broader legal reforms aimed at addressing sexual violence in India. - [Source Reference]

S.30 Repeal and saving.

       (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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