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Rape-Ordinance Criminal Law (Amendment) Ordinance, 2013

Following is the text of Criminal Law (Amendment) Ordinance,  2013 promulgated by the President on February 3, 2013.

THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2013

Promulgated by the President in the Sixty-fourth Year of the Republic of India.

An Ordinance further to amend the Indian Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872.

WHEREAS a Bill further to amend  the Indian Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 was introduced in the House of the People and referred to the Department  related  Parliamentary  Standing  Committee  on  Home Affairs for examination and report which is pending;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action to give effect to the provisions of the said Bill with certain modifications; 

NOW, THEREFORE, in exercise of the powers conferred by clause 

(1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:–– 

CHAPTER I

PRELIMINARY

1.  (1) This  Ordinance  may  be  called  the  Criminal  Law (Amendment) Ordinance, 2013.

     (2) It shall come into force at once. 

CHAPTER II

AMENDMENTS TO THE INDIAN PENAL CODE 

2. 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. 

3.  After section 166 of the Penal Code, the following section shall be inserted, namely:––

“166A. Whoever, being a public servant,––direction under law.

(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  offence punishable under section 354, section 354 A, section 354 B, section 354 C, sub-section
  2. Of section  354 D, section  376, section  376 A, section 376 B, section  376 C, section  376 D or section  376 E, shall be punished  with imprisonment for a term which may extend to one year or with fine or with both.”

4. 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 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 administered.

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 of either  description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine. 

Explanation 1.–– For the purposes of  section  326A and this section, “acid”  includes  any substance which has acidic or corrosive character or burning nature, that is capable of causing  bodily injury leading  to scars or disfigurement  or temporary  or permanent disability.

Explanation 2.–– “Permanent or partial damage” includes deformity, or maiming, or burning, or disfiguring, or disabling any part or parts of the body of a person.

Explanation 3.––  For  the  purposes  of  section  326A and  this   section,   permanent   or   partial   damage or deformity shall not be required to be irreversible.’.

5.  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.

 

6. After section 354  of the Penal Code, the following sections shall be inserted, namely:–– 

‘354A. 

(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  nonverbal conduct of sexual nature. 

(2) Any person who commits the offence specified in clause

(i) or clause 

(ii) of sub-section 

(1) shall be punished with rigorous imprisonment which may extend to five years, or with fine, or with both.

(3) Any person who commits the offence specified  in

clause 

(iii) or clause 

(iv) or clause 

(v) of sub-section 

(1) shall be punishable with  imprisonment of either description that may extend to one year, or with fine, or with both.

 

354B

Whoever assaults  or  uses criminal  force to any woman  or abets such act with  the intention of disrobing or compelling her to be  naked in any public place, shall be punished with imprisonment of either description for a term

which shall not be less than three years but which may extend to seven years and with  fine.

 

354C

Whoever watches,  or  captures  the  image  of, awoman engaging  in a private act in circumstances where she would  usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator shall be punished  on first  conviction  with imprisonment  of either description  for  a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent  conviction, with imprisonment of either description for a term which shall not be less than three years, but which  may extend to seven years, and shall also be liable to fine.

Explanation 1.––   For the purposes of this section, “private act”  includes an act of watching carried  out in a place which,  in the circumstances,   would reasonably   be expected to provide privacy,  and where the victim's genitals, buttocks or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the person is doing a sexual act that is not of a kind ordinarily done in public.

Explanation   2.–– Where the victim consents to the capture of images or any act, but not  to  their dissemination  to  third persons and where such image or act is disseminated, such dissemination  shall  be  considered an  offence under this section.

 

354D

(1)  Whoever follows a person and contacts, or attempts to contact such  person to foster personal interaction repeatedly, despite a clear indication of disinterest by such person, or whoever monitors the use by a person of the

internet, email or any  other form of electronic communication,   or watches or spies on a person in a manner

that results in a fear of violence or serious alarm or distress in the mind of such person, or interferes with the mental peace of such person, commits the offence of stalking:

Provided  that the course of conduct will not amount  to stalking  if the person who pursued it shows––

(i) that it was pursued for the purpose of preventing or detecting   crime   and the  person accused  of stalking

had been entrusted  with  the responsibility of prevention and detection of crime by the state; or 

(ii)  that it was pursued under any law or to comply with  any condition or requirement imposed by any person under any law; or

(iii)  that in the particular circumstances   the pursuit of the course of conduct was reasonable.

(2) Whoever commits the offence  of  stalking  shall be punished with imprisonment of either description for a term

which shall not be less than one year but which may extend to three years, and shall also be liable to fine.’

 

7. For section 370 of the Penal Code, the following sections shall be substituted, namely:––

‘370'

(1)  Whoever,  for  the  purpose  of  exploitation,  

(a)recruits,  (b)  transports,  (c)  harbours,  (d)  transfers,  or  (e)receives, a person or persons, by––

First.–– using threats, or

Secondly.–– using force, or any other form of coercion,or 

Thirdly.–– by abduction, or

Fourthly.–– by practising  fraud, or deception, or

Fifthly.–– by abuse of power, or

Sixthly.––   by inducement,   including   the giving or receiving   of payments or benefits,  in  order to achieve the consent of any person having control  over the person recruited, transported, harboured, transferred or received, 

commits the offence of trafficking.

Explanation 1.–– The expression “exploitation” shall include, prostitution or other forms of  sexual exploitation, forced labour or services,  slavery or practices similar  to slavery, servitude, or the forced removal of organs.

Explanation 2.–– The consent of the victim is immaterial in a determination of the offence of trafficking.

 

(2) Whoever commits the offence  of trafficking shall be punished with rigorous imprisonment for a term which shall

not be less than seven years, but which may extend  to ten years, and shall also be liable to fine.

 

(3) Where the offence involves  the trafficking of more than one person, it shall  be  punishable with rigorous

imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.

4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life. 

(5) Where the offence involves the trafficking of more than one minor at the same time, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life. 

(6) When a public servant including police officer is involved in the trafficking of a minor then such public servant shall be punished with imprisonment for life, which shall mean the remainder of that person’s natural life. 

(7)  If a person is convicted of the offence of trafficking of minors, 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. 

370A  

(1) Whoever, despite  knowing,  or having  reason to believe   that a child   has been  trafficked,   employs   such child  in any form of labour, 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 with  fine.

(2) Whoever, despite   knowing or having   reason to believe  that an adult has been trafficked,  employs  such adult for labour,  shall be punished with  rigorous imprisonment for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.’.

 

8. For sections 375, 376, 376A, 376B, 376C and 376D of the Penal Code, the following sections shall be substituted, namely:––

 

‘375'   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 personso as to cause penetration into the vagina, urethra, anus or any part of body of such  person  or makes the person to do so with him or any other person; or

(d)  applies his mouth to the penis, vagina, anus, urethra of another person or makes such person to do so with him or any other person;

(e)touches  the  vagina,  penis,  anus  or  breast  of  the person or makes the person touch the vagina, penis, anus or breast of that person or any other person, except where such penetration  or touching  is carried  out for proper hygienic or medical purposes under the circumstances falling under any of the following seven descriptions:––

First.–– Against the other person’s will.

Secondly. –– Without the other person’s consent.

Thirdly. –– With  the  other  person’s  consent  when  such consent has been obtained by putting such other person or any person in whom  such other person  is interested, in fear of death or of hurt.

Fourthly. –– When the  person assaulted is a female, 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 to be lawfully married. 

Fifthly.–– With the consent of the other person when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by that person personally or through another of any stupefying or unwholesome substance, the  other  person  is  unable  to  understand  the  nature  and consequences of that action to which such other person gives consent.

Sixthly. –– With or without the other person’s consent, when such other person is under eighteen years of age. 

Seventhly. –– When the person is unable to communicate consent.

Explanation 1.–– Penetration to any extent is “penetration” for the purposes of this section.

Explanation 2.–– For the purposes of this section, “vagina” shall also include labia majora.

Explanation 3.–– Consent means an unequivocal voluntary agreement when the person by   words,   gestures  or   any form    of    non-verbal  communication,  communicates willingness to participate in the specific act:

Provided that, a person who does not physically   resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Exception.–– Sexual intercourse or sexual acts by a man with his own wife, the wife not being under sixteen years of age, is not sexual assault.

376 

(1) Whoever, except in the cases provided for by subsection  

(2),  commits  sexual  assault,  shall  be  punished  with rigorous imprisonment of either description for a term which shall not be less than seven years  but which may extend  to imprisonment for life, and shall also be liable to fine. 

(2)  Whoever,––

(a) being a police officer, commits sexual assault –

(i) within the limits of the police station to which such police officer is appointed; or

(ii) in the premises of any station house; or

(iii) on a  person in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or

(b) being a public servant, commits sexual assault on a person in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or

(c) being a member of the armed forces is in the area by virtue of deployment by the  Central or a State Government, commits sexual assault; or

(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits sexual assault on any inmate of such jail, remand home, place or institution; or

(e)  being  on  the  management  or  on  the  staff  of  a hospital,  commits  sexual  assault  on  a   person  in  that hospital; or

(f) being a relative, guardian or teacher of, or a person in a  position  of  trust  or  authority  towards,  the  person assaulted, commits sexual assault on such person; or

(g) commits sexual assault on a woman  knowing her to be pregnant; or 

(h) commits  sexual  assault  on  a  person  when  such person is under eighteen years of age; or

(i) commits sexual assault, where the person assaulted is incapable of giving consent; or

(j) being in a position of economic or social dominance, commits sexual assault on a  person  under such dominance; or

(k)  commits sexual assault on a person suffering from mental or physical disability; or

(l) while  committing  sexual  assault  causes  grievous bodily harm or maims or disfigures or endangers the life of a person; or

(m) commits persistent sexual assault, shall be punished with rigorous imprisonment for a term which shall  not  be  less  than  ten  years  but  which  may  extend  to imprisonment for life, and shall also be liable to fine.

Explanation 1.–– For the purposes of this sub-section,––

(a)  “women’s  or  children’s  institution”  means  an institution,  whether  called  an  orphanage  or  a  home  for neglected  women  or  children  or  a  widow’s  home  or  an institution called by any other name, which is established and  maintained  for  the  reception  and  care  of  women  or children;

(b)  “hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment  of  persons  during onvalescence  or  of  persons requiring medical attention or rehabilitation;

(c) “police officer” shall have the same meaning  as assigned to the expression “police” under the Police Act, 1861;

(d) “armed forces” means the naval, military and  air forces and  includes  any  member of  the Armed  Forces constituted  under  any  Act  for  the  time  being  in  force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State  Government.

Explanation  2.–– Where  a  person  is  subjected  to  sexual assault by one or more persons in a group of persons acting in furtherance of their common intention, each of the persons in the group shall be deemed to have committed sexual assault within the meaning of this sub-section. 

376A

Whoever, commits an offence punishable under sub - section

(1)  or  sub - section

(2)  of  section 376 and in the course of such commission inflicts an injury which causes the death of the person or causes the person to be in a persistent vegetative state, shall be punished with  rigorous imprisonment for a term which shall not be less than twenty years, but w h ich  may extend  to  imprisonment  for life, which shall mean the remainder of that person’s natural life, or with death. 

376B 

Whoever commits sexual assault on his own wife, who is living separately under a decree of separation or under any custom or usage, without her consent, shall be punished with imprisonment of either description, for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine. 

376C 

Whoever,–– 

(a)  being  in  a position  of authority  or in  a fiduciary relationship; or  

(b) a public servant; or 

(c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the  time  being  in  force,  or  a  women’s  or  children’s institution; or 

(d) being on the management of a hospital or being on the staff of a hospital, and abuses such position or fiduciary relationship to induce or seduce any person either in the first mentioned person’s custody or under the first mentioned person’s charge or present in the premises  and  has  sexual  intercourse  with  that  person,  such sexual  intercourse  not  amounting  to  the  offence  of  sexual assault, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine. 

Explanation  1.–– In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (c) of section 375. 

Explanation  2.  ––  For  the  purposes  of  this  section, Explanations 1 and 2 to section 375 shall also be applicable. 

Explanation  3.––  “Superintendent”,  in  relation  to  a  jail, remand  home  or  other  place  of  custody  or  a  women’s  or children’s institution, includes a person holding any other officein  such  jail,  remand  home,  place  or  institution  by  virtue  of which such person can exercise any authority or control over its inmates. 

Explanation 4.–– The expressions “hospital” and “women’s or  children’s  institution”  shall  respectively  have  the  same meaning as in Explanation 1 to sub-section (2) of section 376.  

376D 

Where a person is sexually  assaulted   by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be  deemed to have committed the offence  of sexual assault,  regardless  of gender   and shall be  punished with   rigorous imprisonment 

for a term which  shall  not be less  than twenty  years, but which  may extend to life and shall  pay compensation to the victim which shall be  reasonable to meet the medical expenses and rehabilitation of the victim.  

Explanation.–– For the purposes  of this section, imprisonment for life shall mean  imprisonment for the remainder of that person’s natural life.

376E

Whoever has been previously  convicted of an offence punishable under section 376 or section  376A or section  376C or section 376D and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life, which shall mean the remainder of that person’s natural life or with death.’.

 9. 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.

CHAPTER III

AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973. 

10.  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 methodsthat 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.”. 

 

11. In section 154 of the Code of Criminal Procedure, in subsection (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 s ection   354, section 354A, section 354B, section 354C,  section  354D, sub-section  (1)  or  subsection

(2)  of  section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code is alleged to have been committed or attempted is temporarily  or permanently mentally or physically disabled, then such  information shall be recorded by a police officer, at the residence of the person seeking  to report such offence or at a convenient place of such person’s choice, in the presence of  a special educator or an interpreter, as the case may be; 

(b)  the recording of such information may be videographed.

(c) the police  officer  shall  get the statement of  the person recorded by   a Judicial  Magistrate under clause

(a)  of  sub-section  (5A)  of  section 164 as soon as possible.”.

 

12. In section 160 of the Code of Criminal Procedure, in subsection 

(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. 

 

13. In section 161 of the Code of Criminal Procedure, in subsection (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.”.

14. In section 164 of the Code of Criminal Procedure, after subsection (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,  subsection (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 statement:

Provided further that if the person making the statement is temporarily or permanently physically or mentally disabled, the statement  made  by  the  person,  with   the  assistance  of  an interpreter or special educator, may be videographed; 

(b) a statement recorded under clause (a) of a person who is temporarily or permanently physically or mentally disabled shall be  considered  a  statement  in  lieu  of  examination-in-chief,  as specified in section 137 of the Indian Evidence Act, 1872 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.

15. After section 198A of the Code of Criminal Procedure, the following section  shall be inserted, namely:–– 

“198B. No Court shall take cognizance of an offence under s ection 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.”.

16. 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.”.

17. In section 327 of the Code of Criminal Procedure, in subsection (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.

18. 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 disobeying direction under law Imprisonment for one year or fine or with both Non-cognizable Bailable Magistrate of the first class"

(b) after the entries relating to section 326, the following entries shall be inserted, namely:––

1 2 3 4 5 6
“326A Voluntarily causing grievous hurt by use of acid, etc. Imprisonment for not less than ten years but which may extend to imprisonment for life and fine of 10 lakh rupees. Cognizable Non-Bailable Court of Session.
“326B Voluntarily throwing or attempting to throw acid. Imprisonment for five years but which may extend to seven years and fine. cognizable Non-Bailable Court of Session.”

(c) for the entries relating to section 354, the following entries shall be substituted, namely:––

1 2 3 4 5 6
“354 Assault or use of criminal force to woman with intent to outrage her modesty. Imprisonment of 1 year which may extend to 5 years, and with fine. Cognizable Nonbailable Any Magistrate
354A (1)Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours. Imprisonment which may extend to 5 years or with fine or with both. Cognizable Nonbailable Any Magistrate
  (2)Sexual harassment of the nature of making sexually coloured remark or showing pornography or any other unwelcome physical, verbal or non-verbal conduct of sexual nature Imprisonment which may extend to 1 year or with fine or with both. Non-Cognizable Bailable Any Magistrate
354B Assault or use of criminal force to woman with intent to disrobe. Imprisonment of not less than 3 years but which may extend to 7 years and with fine. Cognizable Nonbailable Any Magistrate
354C Voyeurism Imprisonment of not less than 1 year but which may extend to 3 years and with fine for first conviction. Cognizable Nonbailable Any Magistrate
    Imprisonment of not less than 3 year but which may extend to 7 years and with fine for second or subsequent conviction. Cognizable Nonbailable Any Magistrate
354D Stalking. Imprisonment of not less than 1 year but which may extend to 3 years and With fine. Cognizable Nonbailable Any Magistrate

(d) for the entries relating to sections 370, the following entries shall be substituted, namely:––

1 2 3 4 5 6
"370 (1)Trafficking of person. Imprisonment of not less than 7 years but which may extend to 10 years and with fine. Cognizable Nonbailable Court of Session
  (2) Trafficking of more than one person. Imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine. Cognizable Nonbailable Court of Session
  (3) Trafficking of a minor. Imprisonment of not less than 10 years but which may extend to imprisonment for life. Cognizable Nonbailable Court of Session
  (4) Trafficking of more than one minor. Imprisonment of not less than 14 years but which may extend to imprisonment for life. Cognizable Nonbailable Court of Session
  (5) Public servant or a police officer involved in trafficking of minor. Imprisonment for life which shall mean the remainder of that person’s natural life. Cognizable Nonbailable Court of Session
  (6) Person convicted of offence of trafficking of minor on more than one occasion. Imprisonment for life which shall mean the remainder of that person’s natural life. Cognizable Nonbailable Court of Session
370A (1) Employing of a trafficked child. Imprisonment of not less than 5 years but which may extend to 7 years and with fine. Cognizable Nonbailable Court of Session
  (2) Employing of a trafficked adult person. Imprisonment of not less than 3 years but which may extend to 7 years and with fine. Cognizable Nonbailable Court of Session

(e) For the entries relating to sections 376, 376A, 376B, 376C and 376D, the following entries shall be substituted, namely:––

1 2 3 4 5 6
376 (1) Sexual assault. Rigorous imprisonment of not less than 7 years but which may extend to imprisonment for life and with fine. Cognizable Nonbailable Court of Session
  (2) Sexual assault 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 sexual assault committed by a person in a position of trust or authority towards the person assaulted or by a near relative of the person assaulted. Rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine. Cognizable Nonbailable Court of Session

(f) Entry relating to section 509, in column 3, for the words “Simple imprisonment for one year, or fine, or both,”, the words “Simple imprisonment for 3 years and with  fine” shall be substituted.

CHAPTER IV

AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872

 19. After section 53 of the 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  354B, section  354C, sub-section (1) or sub-section (2) of section   376, section   376A, section   376B, s ection 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 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.”. 

 

20. For section 114A of the Evidence Act, the following section shall be substituted, namely:––

‘114A.  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 mentioned in clauses (a) to (c)   of section 375 of the Indian Penal Code.’.

21. 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 a special educator or interpreter in recording the statement, and such statement may be videographed.”.

22. 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 subsection  (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 crossexamination 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.”.

 

President.