 bill  no  xxvii of  2008 the criminal law (amendment) bill, 2008 a billfurther to amend the indian penal code, 1860, the code of criminal procedure, 1973and the indian  evidence act, 1872be it enacted by parliament in the fifty-ninth year of the republic of india as follows:— chapter i preliminary1  (1) this act may be called the criminal law (amendment) act, 2008short title and extent(2) it extends to the whole of india except the state of jammu and kashmir chapter ii amendments to the indian penal code, 186045 of 18602  after section 166 of the indian penal code, the following section shall be inserted, namely:—insertion of new section 166a"166a whoever, being a public servant,—(a) knowingly disobeys any direction of the law prohibiting him from requiring the attendance at any place of any person for the purpose of investigation into an offence or other matter; or(b) knowingly disobeys any direction of the law regulating the manner in which he shall conduct such investigation, to the prejudice of any person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both"3  section 354 of the indian penal code shall be omittedomission of section 3544  for section 375 of the indian penal code the following section shall be substituted, namely:—substitution of new section for section 375sexual assault375 "sexual assault means;—(a) introduction to any extend by a man of his penis, into the vagina(which term shall include the labia majora), the anus or urethra or mouth of any women or child; or(b) introduction to any extent by a man of an object or a part of the body(other than the penis) into the vagina (which term shall include the labia majora) or anus or urethra of a women or child; or(c) manipulating any part of the body of a child so as to cause penetration of the vagina (which term shall include the labia majora) or anus or urethra of the offender by any part of the child's bodyin circumstances falling under any of the six following descriptions: first—against the complainant's will secondly—without the complainant's consent thirdly—with the complainant's consent, when such consent has been obtained by putting her or any person in whom the complainant is interested in fear of death or hurtfourthly—with the complainant's consent, when the man knows that he is not the husband of such complainant and that the complainant's consent is given because the complainant believes that the offender is another man to whom the complainant is or believes herself to be lawfully married fifthly—with the consent of the complainant, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by the offender personally or through another of any stupefying or unwholesome substance, the complainant is unable to understand the nature and consequences of that to which such complainant gives consent sixthly—with or without the complainant's consent, when such complainant is under eighteen years of age: provided that consent shall be a valid defence, if the complainant is between sixteen years and eighteen years of age and the accused person is not more than five years olderexplanation—consent means the unequivocal voluntary agreement by a person to engage in the sexual activity in question5 section 376a of indian penal code shall be omittedomission of section 376a6  for section 376 b of the ipc the following section shall be substituted, namely,—substitution of new section for section 376b sexual intercourse by public servant with woman in his custody376b  whoever, being a public servant, takes advantage of his official position and induces or seduces any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than five years and which may extend to ten years and shall also be liable to fine explanation—"sexual intercourse" means any of the acts mentioned in clauses (a)to (c) of section 3757  for section 376c of the ipc, the following section shall be substituted, namely,—substitution of new section for section 376c sexual intercourse by superintendent of jail, remand home376c whoever, being the 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 of a women's or children's institution takes advantage of his/her official position and induces or seduces any inmate of such jail, remand home, place or institution to have sexual intercourse with him or her, such sexual intercourse not amounting to the offence of sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than five years and which may extend to ten years and shall also be liable to fine explanation 1—"superintendent" in relation to 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 he or she can exercise any authority or control over its inmatesexplanation 2—the expression "women's or children's institution" shall have the same meaning as in explanation 2 to sub-section (2) of section 376explanation 3—sexual intercourse means any of the acts mentioned in clauses (a)to (c) of section 3758 for section 376d of the ipc, the following section shall be subsituted, namely,—substitution of new section for section 376d376d whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his or her position and has sexual intercourse with a woman or minor in that hospital, such sexual intercourse not amounting to the offence of sexual assault, shall be punished with imprisonment of either description for term which shall not be less than five years and which may extend to ten years and shall also be liable to finesexual intercourse by any member of the management or staff of a hospital with any woman or minor in that hospitalexplanation 1—the expression "hospital" shall have the same meaning as in explanation 3 to sub-section (2) of section 376explanation 2—sexual intercourse means any of the acts mentioned in clauses (a)to (c) of section 3759 after section 376d, of the ipc the following section shall be inserted, namely:—insertion of new section 376eunlawful sexual contact376e (1) any man who with a sexual intent, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a woman, without the consent of such woman, shall be punished with simple imprisonment for a term which may extend to three years or with fine or with both(2) whoever with a sexual intent—(a) touches, directly or indirectly, with a part of the body or with an object any part of the body of a minor, or(b)  invites, counsels or incites a minor to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites the minorshall be punished with imprisonment of either description which may extend to five years and shall also be liable to fine(3) whoever being in a position of trust or authority towards a minor or being a person with whom the minor is in a relationship of dependency—(a) touches, directly or indirectly, with a sexual intent, with a part of the body or with an object, any part of the body of such minor, or(b) with a sexual purpose, invites, counsels or incites a minor to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites the minorshall be punished with imprisonment of either description which may extend to seven years and shall also be liable to fine10 for section 377 of the ipc the following section shall be substituted, namely,—substitution of new section for section 377unnatural offences377  any adult person who has sexual intercourse with another adult person of the same sex against the will and without the consent of the other adult person shall be punishable with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine explanation 1—penetration of the anus or mouth by the penis or penetration by an object or part of the body into the anus or vagina is necessary to constitute the sexual intercourse necessary for the offence described in this sectionexplanation 2—no consent is obtained for the purpose of this section if it has been obtained by coercion or under undue influence or if the person giving the consent is under the influence of intoxication or of unsoundness of mind or mistake as to the identity of the offender11  for section 509 of the ipc the following section shall be substituted, namely,—substitution of new section for section 509 word, gesture or act with a sexual intent or with the intention to insult a woman509 whoever, with an unwelcome sexual intent or with the intent to insult any woman, utters any word, makes any sound or gesture, or exhibits any object or a part of the body, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine12 after section 509, of the ipc the following sections shall be inserted, namely;—insertion of new section 509a, 509b and 509c509a (a) whoever, with a sexual intent utters any word, makes any sound or gesture or exhibits any objects or a part of the body intending that such word or sound shall be heard or that such gesture or object shall be seen by a minor, orword, gesture or act with a sexual intent to a minor(b) whoever makes a minor witness any sexual activity shall be punished with imprisonment of either description for a term which may extend to five years but shall not be less than three yearsexplanation—"minor" for the purpose of this section shall be any person under the age of sixteen years509b any person who stalks a woman with the intention to cause,—stalking a woman(a) serious harm or injury to that woman or a third person or(b) apprehension or fear of serious harm or injury to that woman or to a third person shall be punished with imprisonment of either description which may extend to seven years and shall also be liable to fine explanation 1—for the purpose of this section, a person shall be taken to stalk a woman if, on at least three occasions, that person—(a) follows or approaches the woman; (b) loiters near, watches, approaches or enters a place where woman resides, works or visits;(c) keeps the woman under surveillance; (d) interferes with the property in possession of the woman; (e) gives or sends offensive material to the woman or leaves offensive material where it is likely to be found by, given to or brought to the attention of the woman;(f) telephones or otherwise contacts the woman; (g) acts covertly in a manner that could reasonably be expected to arouse apprehension or fear in that woman; or(h) engages in conduct amounting to intimidation, or an offence under section 509 explanation 2—'harm' means physical as well as mental harmother forms of stalking509c whoever by means of a telecommunication device or by any other electronic form, including the internet knowingly makes, creates or solicits or initiates the transmission of any comment, request, suggestion, proposal, image or other communication which is obscene, lewd, luscious, filthy or indecent with intent to annoy, abuse, threaten or harass or stalk the another person shall be punished with imprisonment of either decription which may extend to seven years or with fine or with both chapter iii amendments to the code of criminal procedure, 19732 of 197413 for section 53a of the code of criminal procedure, 1973 the following sectionshall be substituted, namely:—substitution of new section for section 5345 of 1860explanation of person accused of sexual assault or sexual intercourse53a (1) when a person accused of any of the offences under sections 376,376a, 376b, 376c, 376d, 376e or 377 of the indian penal code or of an attempt to commit any of the said offences is arrested and examination of his or her is to be made under this section he or she shall be sent without delay to the registered medical practitioner by whom he or she is to be examined(2) the registered medical practitioner conducting such examination shall without delay examine such person and prepare a report specifically recording the result of his examination with the following particulars:(i) the name  and address of the accused and the person by whom he was brought;(ii) the age of accused; (iii) marks of injury, if any, on the accused and (iv) other material particulars in reasonable detail(3) the report shall state precisely the reasons for each conclusion arrived  at2 of 1974(4) the exact time of commencement and completion of the examination shall also be noted in the report, and the registered medical practitioner shall, without delay, forward the report to the investigating officer, who shall forward it to the magistrate as part of the documents as referred in section 173 (5) (a) of the code of criminal procedure, 197314 in section 160 of the code of criminal procedure, 1973,—amendment of section 160(i) in sub-section (1) for the existing proviso the following proviso  shall be substituted, namely:—provided that no male person under the age of sixteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides and while recording the statement, a relative or a friend or a social worker of the choice of the person whose statement is being recorded shall be allowed to remain present (ii) after sub-section (2) the following sub-sections shall be inserted, namely:—45 of 1860(3) where under this chapter, the statement of a female is to be recorded either as first information of an offence or in the course of an investigation into an offence against whom an offence under sections 375, 376, 376a, 376b, 376c, 376d, 377 or 509 of the indian penal code is alleged to have been committed or attempted, the statement shall be recorded by a female investigating officer and in case a female investigating officer is not available, by a female government servant available in the vicinity and in case a female government servant is not available, by a female authorised by an organisation interested in the welfare of women or children(4) where in any case none of the alternatives mentioned in sub-section(3) can be followed for the reason that no female investigating officer or female government servant or female authorised by an organisation interested in the welfare of women and children is available, the officer in charge of the police station shall, after recording the reasons in writing, proceed with the  recording of the statement of such female victim in the presence of a relative of the victim15 in  section 164 of the code of criminal procedure, after sub-section (1) the following sub-section shall be inserted, namely:—insertion of new clause (1a) to section 164(1a) any statement made under sub-section (1) by a person below the age of eighteen years who is a victim of sexual assault under section 375, 376 or 509 shall, except in exceptional circumstances be videotaped16  for section 164a of the code of criminal  procedure the following section shall be substituted, namely;—substitution of new section for section 164amedical examination of the victim of sexual assault164a (1) where, during the stage when any offence under section 376, 376a,376b, 376d is under investigation and it is proposed to get the victim examined by a medical expert, such examination shall be conducted by a medical expert or registered medical practitioner, with the consent of the complainant or of some person competent to give such consent on his or her behalf  and in all cases, the complainant shall be sent for such examination without any delay:provided that if the complainant happens to be  a female, the medical examination shall be conducted by a female medical officer as far as possible(2) the registered medical practitioner shall without delay examine the person and prepare a report specifically recording the result of his or her examination with the following particulars:(i) the name and address of the accused and the person by whom he or she was brought;(ii) the age of complainant; (iii) marks of injury, if any, on the complainant; (iv) general mental condition of the complainant; and (v) other material particulars, in reasonable detail(3) the report shall state precisely the reasons for each conclusion arrived at (4) the report shall specifically record that the consent of the complainant or of some person competent to give such consent on his or her behalf to such examination had been obtained2 of 1974(5) the exact time of commencement and completion of the examination shall also be noted in the report, and the registered medical practitioner shall, without delay, forward the report to the investigating officer, who shall forward it to the magistrate as part of the documents as referred in section 173 (5) (a) of the code of criminal procedure, 1973(6) nothing in this section shall be construed as rendering lawful any examination without the consent of the  complainant or any person competent to give such consent on his or her behalfamendment of section 19817  in section 198, of the code of criminal  procedure in sub-section (6) for the words,'sexual intercourse' and 'fifteen'  the words, 'sexual assault' and 'sixteen' respectively, shall be substituted18 in section 273, of the code of criminal procedure the following provisos shall be inserted, namely:—amendment to  section 273provided that where the evidence of a person below eighteen years who is alleged to have been subjected to sexual assault or any other sexual offence, is to be recorded the court shall, take appropriate measures to ensure that such person is not confronted by the accused, which may include videotaping evidence of the complainant in a place to be decided by the court, or placing a screen between the complainant and the accused and others:provided further that the cross-examination of a person below eighteen years shall be carried out by the court on questions put to it by the accused or his counsel19 (1) in section 309, of the code of criminal procedure in sub-section (1) the following proviso shall be inserted, namely:—amendment of section 30945 of 1860provided that where the inquiry or the trial relates to an offence under section376 to 376d of the indian penal code, the judgement shall, as far as possible be delivered within a period of  one year from the date of commencement of the trial chapter  iv amendments to the indian evidence act, 18721 of 1872amendment of section 4520 in section 45 of the indian evidence act, after the illustration (c) the following illustration shall be inserted, namely:—45 of 1860(a) where the question is whether a child who is unable to talk has been subjected to sexual assault defined in section 375 of the indian penal code or elsewhere the opinion of an expert that the symptoms and behaviour of the child are such that they show that the child has suffered from such assault are relevant21 after section 53, of the indian evidence act the following new section shall be inserted, namely:—insertion of a new section 53a"53a in a prosecution for an offence under section 376, 376a, 376b, 376c,376d, or 376e of the indian penal code or for an attempt to commit any such offence, where the question of consent is in issue  evidence of the character of the victim or of his or her previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent"22 for section  114a of the indian evidence act, the following section shall be substituted namely:—substitution of new section for section 114a45 of 1860presumption as to absence of consent in certain presecutions for sexual assault"114a in a prosecution for sexual assault under clause (a) or clause (b) or clause (c)or clause (d) or clause (e) or clause (g) 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 his or her evidence before the court that he or she did not consent, the court shall presume that he or she did not consent"explanation:—"sexual intercourse" in this section means any of the acts mentioned in clause (a) to (c) of section 375 of the indian penal code23  in section 146 of the indian evidence act, the following proviso  shall be inserted, namely:—amendment of section 14645 of 1860provided that in a prosecution for an offence under section 376, 376a, 376b,376c or 376d of the indian penal code or for an attempt to commit any such offence, where the question of consent is in issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to his or her general immoral character, or as to his or her pervious sexual experience with any person for proving such consent or the quality of consent"24  after section 167 of the indian evidence act, the following section shall be inserted, namely:—insertion of new section 168"168 in any trial or inquiry related to sexual assault of a minor under section375, 376 and 509 of the indian penal code, the video taped statement of the minor made before a magistrate is admissible in evidence, if the complainant while testifying adopts the contents of the videotaping" statement of objects and reasonsthe one hundred and seventy second report of the law commission submitted in march, 2000 focuses on the need to review the existing rape laws in the light of increased incidents of custodial rape and crimes of sexual abuse against minors the crime of sexual assault on a child causes lasting damage to the child and as such, it is essential to prevent sexual abuse of children through stringent provisions the united nations conventions and various constitutional provisions underline the need for protection of the child from all forms of sexual exploitationthe commission, in its report recommends changes for widening the scope of the offences in section 375 of the indian penal code it also recommends various other changes in sections 376, 376a to 376d, introduction of a new section dealing with unlawful sexual contact, substitution of section 377 of the indian penal code and enhancement of punishment in section 509 of the indian penal code in order to plug the loopholes in procedural provisions, it further recommends various changes in the code of criminal procedure, 1973 and the indian evidence act, 1872in order to implement the recommendations of the law commission, necessary changes in the indian penal code and relevant sections of the code of criminal procedure and the indian evidence act is necessaryhence this billbrinda  karat annexure extracts from the  indian penal code, 1860        public servant disobeying law, with intent to cause injury to any person166  whoever, being a public servant, knowingly disobeys any direction of  the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both illustrationa, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in z's favour by a court of justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to z a has committed the offence defined in this sectionpublic servant framing an incorrect document with intent to cause injury167 whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both         assault or criminal force to woman with intent to outrage her modesty354  whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fineintercourse by superintendent of jail, remand home, etc376c  whoever, being the 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 of a women's or children's institution takes advantage of his official position and induces or seduces any female immate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fineexplanation 1—"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 he can exercise any authority or control over its inmatesexplanation 2—the expression "women's or children's institution" shall have the same meaning as in explanation 2 to sub-section (2) of section 376376d whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fineintercourse by any member of the management or staff of a hospital with any woman in that hospitalexplanation—the expression "hospital" shall have the same meaning as in explanation 3 to sub-section (2) of section 376unnatural offences377  whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fineexplanation—penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section         word, gesture or act intended to insult the modesty of a woman509  whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any objects, intending that such word or sound shall be heard, or that such gesture or objects shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with bothmisconduct in public by a drunken person510 whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both          extracts from the code of criminal procedure, 1973        53a examination of persons accused of rape by medical practitioner (1) when a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed, by an other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in a good faith in his aid and under his direction to make such an examination of the arrested person and to use such force as his reasonably necessary for that purpose(2) the registered medical practitioner conducting such examination shall, without delay, examines such person and prepare a report of his examination giving the following particulars, namely:—(i) the name and address of the accused and of the person by whom he was brought;(ii) the age of the accused; (iii) marks of injury, if any, on the person of the accused; (iv) the description of material taken from person of the accused for dnaprofiling;  and(v) other material particulars in reasonable detail(3) the report shall state precisely the reasons for each conclusion arrived at (4) the exact time of commencement and completion of the examination shall also be noted in the report(5) the registered medical practitioner shall, without delay, forward the report to the investigating officer, who shall forward it to the magistrate referred to in section 173 as part of the documents as referred to in clause (a) of sub-section 5 of that section         rape375 a man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:—first—against her will secondly—without her consent thirdly—with her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurtfourthly—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 herself to be lawfully marriedfifthly—with her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequence of that to which she gives consentsixthly—with or without her consent, when she is under sixteen years of age explanation—penetration is sufficient to constitute the sexual intercourse necessary to the offence of rapeexception—sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape         intercourse by a man with his wife during separation376a  whoever has sexual intercourse with his own wife, who is living separately from him 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 may extend to two years and shall also be liable to fine376b whoever, being a public servant, takes advantage of his official position and induces or seduces, intercourse by public servant with woman in his custody         160 police officer's power to require attendance of witnesses(1) any police officer, making an investigation under this chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides(2) the state government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence          164 recording of confessions and statements(1) any metropolitan magistrate or judicial magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:provided that no confession shall be recorded by a police officer on whom any power of a magistrate has been conferred under any law for the time being in force(2) the magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily(3) if at any time before the confession is recorded, the person appearing before the magistrate states that he is not willing to make the confession, the magistrate shall not authorise the detention of such person in police custody(4) any such confession shall be recorded in the manner provided in section281 for recording the examination of an accused person and shall be signed by the person making the confession; and the magistrate shall make a memorandum at the foot of such record to the following effect:—"i have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and i believe that this confession was voluntarily made it was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him (5) any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the magistrate, best fitted to the circumstances of the case; and the magistrate shall have power to administer oath to the person whose statement is so recorded(6) the magistrate recording a confession or statement under this section shall forward it to the magistrate by whom the case is to be inquired into or tried 164a medical examination of the victim of rape164a (1) where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence(2) the registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely:—(i) the name and address of the woman and of the person by whom she wasbrought;(ii) the age of the woman; (iii) the description of material taken from the person of the woman for dnaprofiling;(iv) marks of injury, if any, on the person of the woman; (v) general mental condition of the woman; and (vi) other material particulars in reasonable detail(3) the report shall state precisely the reasons for each conclusion arrived at (4) the report shall specifically record that the consent of the women or of the person competent to give such consent on her behalf to such examination had been obtained(5) the exact time of commencement and completion of the examination shall also be noted in the report(6) the registered medical practitioner shall, without delay forward the report to the investigating officer who shall forward it to the magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section(7) nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalfexplanation—for the purposes  of this section, "examination" and "registered medical practitioner" shall have the same meanings as in section 53          198 prosecution for offence against marriage (1) no court shall take congnizance of an offence punishable under chapter xx of the indian penal code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:provided that—(a) where such person is under the age of eighteen years or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the court, make a complaint on his or her behalf;(b) where such person is the husband and  he is serving in any of the armed forces of the union under conditions which are certified by his commanding officer as precluding him from obtaining leave of absence to enable him to make a  complaint inperson, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf;(c) where the person aggrieved by an offence punishable under [section 494 or section 495] of the indian penal code (45 of 1860) is the wife, complaint may be made or her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister [,or, with the leave of the court, by any other person related to her by blood, marriage or adoption] (2) for the purposes of sub-section (1), no person other than husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or section 498 of the said code:provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, whith the leave of the court, make a complaint on his behalf(3) when in any case falling under clause (a) of the proviso to subsection (1), the complaint is sought to be made on behalf of a person under the age of  eighteen years or of a lunatic by a person who has not been appointed or declared by a competent authority to be the guardian of the person of the minor or lunatic, and the court is satisfied that there is a guardian so appointed or declared, the court shall, before granting the application for leave, cause notice to be given to such gardian and give him a reasonable opportunity of being heard(4) the authorisation referred to in clause (b) of the proviso to subsection (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his commanding officer, and shall be accompanied by a certificate signed by that officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband(5) any document purporting to be such an authorisation and complying with the provisions of sub-section (4) , and any document purporting to be a certifcate required by that sub-section shall, unless the contrary is proved, be presumed to the genuine and shall be received in evidence(6) no court shall take cognizance of an offence under section 376 of the indian penal code, where such offence consists of sexual intercourse the a man with his own wife, the wife being under fifteen years of age, if more than one year has elapsed from the date of the commission of the offence(7) the provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence          273 evidence to be taken in presence of accused except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleaderexplanation—in this section, "accused" includes a person in relation to whom any proceeding under chapter viii has been commenced under this code           309 power to postpone or adjourn proceedings(1) in every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day 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(2) if the court, after taking cognizance of an offence, or commencement of trail, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody:provided that no magistrate shall remand an accused persons to custody under this section for a term exceeding fifteen days at a time:provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing:[provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him]explanation 1—if sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remandexplanation 2—the terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused           extracts from the indian evidence act, 1872         45 opinions of experts —when the court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of handwriting (or finger impressions), the opinions upon that point of persons specially skilled in such foreign law, science or art, (or in questions as to identity of handwriting) (or finger impressions) are relevant factssuch persons are called experts illustrations(a) the questions is, whether the death of  a was caused by poison the opinions of experts as to the symptoms produced by the poison by which a is supposed to have died, are relevant(b) the question is, whether a, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law the opinions of experts upon the question whether the symptoms exhibited by a commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant(c) the question is, whether a certain document was written by a another document is produced which is proved or admitted to have been written by athe opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant          114a presumption as to absence of consent in certain prosecutions for rape—in a prosecution for rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) 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 woman  alleged to have been raped and she states in her evidence before the court that she did not consent, the court shall presume that she did not consent          146 questions lawful in cross-examination—when a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend—(1) to test his veracity, (2) to discover who he is and what is his position in life, or (3) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture         the evidence is admissible         167 no new trial for improper admission or rejection of evidence—the improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justity the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision           rajya sabha———— a billfurther to amend the indian penal code, 1860, the code of criminal procedure, 1973 and the indian  evidence act, 1872————(shrimati brinda karat, mp)mgipmrnd—4738rsrs(s-5)—31-12-2008