Following is the text of Criminal Law
(Amendment) Ordinance, 2013 promulgated
by the President on February 3, 2013.
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THE CRIMINAL LAW (AMENDMENT)
ORDINANCE, 2013
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Promulgated
by the President in the Sixty-fourth Year of the Republic of India.
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An
Ordinance further to amend the Indian Penal Code, the Code of Criminal
Procedure, 1973 and the Indian Evidence Act, 1872.
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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;
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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;
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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:––
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CHAPTER
I
PRELIMINARY
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1. (1) This Ordinance may be called the
Criminal Law (Amendment) Ordinance, 2013.
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Short title and commencement.
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(2) It shall come into force at
once.
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CHAPTER
II
AMENDMENTS
TO THE INDIAN PENAL CODE
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Amendment of section 100.
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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.
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45 of 1860.
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Insertion of new section 166A.
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3. After
section 166 of the Penal Code, the following section shall be inserted,
namely:––
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Public servant disobeying direction under law.
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“166A.
Whoever, being a public servant,––
(a) knowingly disobeys any direction of the law which prohibits
him from requiring the attendance at
any place of any person for the
purpose of investigation into
an offence or any other matter, or
(b) knowingly disobeys, to the prejudice 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 354A, section 354B,
section 354C, sub-section (2) of section 354D, section 376,
section 376A, section
376B, section
376C, section
376D or section
376E,
shall
be punished with
imprisonment for a term which may
extend to one year or with fine or with both.”.
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2 of 1974.
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Insertion of new sections 326A and 326B.
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4. After section 326 of the Penal
Code, the following sections shall be inserted, namely:––
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Voluntarily causing grievous hurt by use of acid, etc.
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‘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.
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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.’.
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Voluntarily throwing or attempting to throw acid.
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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.
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Amendment of section 354.
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6. After section 354 of the Penal Code,
the following sections shall be inserted,
namely:––
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Insertion
of new sections 354A, 354B, 354C and 354D.
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‘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 non-verbal 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.
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Sexual harassment and punishment for sexual harassment.
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Assault or use of criminal force to woman with
intent to disrobe.
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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.
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Voyeurism.
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354C. Whoever watches, or captures the image of, a woman 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.
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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.
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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.
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Stalking.
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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.’.
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7. For
section 370 of the Penal Code, the following sections shall be substituted,
namely:––
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Substitution
of new sections 370 and 370A for section 370.
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‘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.
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Trafficking of person.
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Employing of a trafficked person.
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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.
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(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.’.
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Substitution of new
sections for sections 375, 376, 376A, 376B, 376C and 376D.
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8. For sections 375, 376, 376A,
376B, 376C and 376D of the Penal Code, the following sections shall be
substituted, namely:––
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Sexual assault.
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‘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
person so 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.
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Punishment for sexual assault.
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376. (1) Whoever, except in the cases
provided for by sub-section (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.
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5 of 1861.
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(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 convalescence 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.
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Punishment for causing death or resulting in
persistent vegetative state of the victim.
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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 which
may extend to imprisonment for life, which shall mean
the remainder of that person’s natural life, or with death.
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Sexual assault by husband upon his wife during
separation.
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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.
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Sexual intercourse by a person in authority.
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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 office in 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.
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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.
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Sexual assault by gang.
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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.’.
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Punishment for repeat offenders.
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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.
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Amendment of section 509.
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CHAPTER
III
AMENDMENTS
TO THE CODE OF CRIMINAL PROCEDURE, 1973.
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2 of 1974.
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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:––
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Amendment of section 54A.
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“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.”.
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Amendment of section 154
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11. In section 154 of the Code of
Criminal Procedure, in sub-section (1), the following provisos shall
be inserted, namely:––
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“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,
section 354D, 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 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.”.
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45 of 1860.
45 of 1860.
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Amendment of section 160.
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12. 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.
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Amendment of section 161.
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13. In section 161 of the Code of
Criminal Procedure, in sub-section (3), after the proviso, the
following proviso shall be inserted, namely:––
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“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.”.
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45 of 1860.
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14. In section 164 of the Code of
Criminal Procedure, after sub-section (5), the following
sub-section shall be inserted, namely:––
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Amendment of section 164.
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45 of 1860.
1 of 1872.
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“(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 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.
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15. After section 198A of the Code
of Criminal Procedure, the following section
shall be inserted, namely:––
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Insertion of new section 198B.
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45 of 1860.
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“198B. 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.”.
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Cognizance of offence.
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16. In section 273 of the Code of
Criminal Procedure, before the Explanation, the following proviso
shall be inserted, namely:––
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Amendment of section 273.
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“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.”.
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17. 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.
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Amendment of section 327.
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Amendment of First Schedule.
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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:––
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(b) after the entries
relating to section 326, the following entries shall be inserted, namely:––
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(c) for the entries
relating to section 354, the following entries shall be substituted, namely:––
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(d) for the
entries relating to sections 370, the following entries shall be substituted,
namely:––
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(e) for the entries
relating to sections 376, 376A, 376B, 376C and 376D, the following entries
shall be substituted, namely:––
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(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.
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CHAPTER IV
AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872
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1 of 1872.
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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:––
|
Insertion of new section 53A.
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45 of 1860.
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“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, 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 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.”.
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Evidence of character or previous sexual
experience not relevant in certain cases.
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20. For section 114A of the
Evidence Act, the following section shall be substituted, namely:––
|
Substitution
of new section for section 114A.
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45 of 1860.
45 of 1860.
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‘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.’.
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Presumption as to absence of consent in certain
prosecution for sexual assault.
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21. For
section 119 of the Evidence Act, the following section
shall be substituted, namely:––
|
Substitution
of new section for section 119.
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“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.”.
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Witness unable to communicate verbally.
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Amendment of section 146.
|
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 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.”.
President.
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