 bill no 63 of 2013 the criminal law (amendment) bill, 2013 a billfurther to amend the indian penal code, the code of criminal procedure, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012be it enacted by parliament in the sixty-fourth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the criminal law (amendment) act, 2013short title and commencement5(2) it shall be deemed to have come into force on the 3rd day of february, 2013 chapter ii amendments to the indian penal code45 of 18602  in the indian penal code (hereafter in this chapter referred to as the penal code), in section 100, after clause sixthly, the following clause shall be inserted, namely:––amendment of section 10010"seventhly–– an act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act"3  after section 166 of the penal code, the following sections shall be inserted, namely:—insertion of new sections 166a and 166b"166a whoever, being a public servant,––5public servant disobeying 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, or102 of 197415(c) fails to record any information given to him under sub-section (1) of section 154 of the code of criminal procedure, 1973, in relation to cognizable offence punishable under section 326a, section 326b, section 354, sub-sections(2) and (3) of section 354a, section 354b, section 354c, sub-section (2) of section  354d, section 370, section 370a, section  376, section  376a, section 376b, section  376c, section  376d,  section  376e or section 509, shall be punished  with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine2 of 197420punishment for nontreatment of victim166b whoever, being in charge of a hospital, public or private, whether run by the central government, the state government, local bodies or any other person, contravenes the provisions of section 357c of the code of criminal procedure, 1973, shall be punished with imprisonment for a term which may extend to one year or with fine or with both"amendment of section 228a254  in section 228a of the penal code, in sub-section (1), for the words, figures and letters "offence under section 376, section 376a, section 376b, section 376c or section 376d", the words, figures and letters "offence under section 376, section 376a, section 376b, section 376c, section 376d or section 376e" shall be substituted5 after section 326 of the penal code, the following sections shall be inserted, namely:—insertion of new sections 326a and 326b30voluntarily causing grievous hurt by  use of acid, etc35'326a 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:  provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:provided further that any fine imposed under this section shall be paid to the victim40voluntarily throwing or attempting to throw acid45326b 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 fineexplanation 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 disability50explanation  2— for  the  purposes  of  section 326a and this  section,  permanent  or partial  damage or deformity shall not be required to be irreversible'amendment of section 3546  in section 354 of the penal code, for the words "shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both", the words "shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine" shall be substituted57 after section 354 of the penal code, the following sections shall be inserted, namely:—insertion of new sections 354a, 354b, 354c and 354d '354a (1) a man committing any of the following acts—| (             | i   | ) physical contact and advances involving unwelcome and explicit sexual   ||---------------|-----|---------------------------------------------------------------------------|| overtures; or |     |                                                                           || sexual        |     |                                                                           || harassment    |     |                                                                           || and           |     |                                                                           || punishment    |     |                                                                           || for sexual    |     |                                                                           || harassment   |     |                                                                           || (             | ii  | ) a demand or request for sexual favours; or                              || 10            |     |                                                                           || (             | iii | ) showing pornography against the will of a woman; or                     || (             | iv  | ) making sexually coloured remarks,                                       |shall be guilty of the offence of sexual harassment15(2) any man who commits the offence specified in clause (i) or clause (ii) orclause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both(3) any man who commits the offence specified in clause (iv) of sub-section (1)shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both20assault or use of criminal force to woman with intent to disrobe354b any man who assaults or uses criminal force to any woman or abets suchact 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 shall also be liable to fine25voyeurism30354c any man who watches, or captures the image of a woman engaging in aprivate 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 or disseminates such image 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 fine35explanation 1—for the purpose 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, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public40explanation 2—where the victim consents to the capture of the 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 section354d (1) any man who—(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or(ii) monitors the use by a woman of the internet, email or any other form of electronic communication; or(iii) watches or spies on a woman in any manner, that results in a fear of violence or serious alarm or distress in the mind of such woman, or interferes with the mental peace of the woman, commits the offence of stalking:5provided  that such conduct shall not amount  to stalking  if the man who pursued it proves that—(i) it was pursued for the purpose of preventing  or detecting  crime  and the man accused of stalking had been entrusted  with  the responsibility of prevention and detection of crime by the state; or10(ii) it was pursued under any law or to comply with  any condition or requirement imposed by any person under any law; or(iii) in the particular circumstances  such conduct was reasonable and justified15(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 five years, and shall also be liable to fine' 8 for section 370 of the penal code, the following sections shall be substituted, namely:—substitution of new sections 370 and 370a for section 370 trafficking of person20'370 (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, or25fifthly— 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 trafficking30 35explanation 1— the expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organsexplanation 2— the consent of the victim is immaterial in 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 fine40(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, and shall also be liable to fine45(5) where the offence involves the trafficking of more than one minor, 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, and shall also be liable to fine (6)  if a person is convicted of the offence of trafficking of minor 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, and shall also be liable to fine5(7) when a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fineexploitation of a trafficked person10370a  (1) whoever, knowingly  or having   reason to believe  that a minor has been trafficked,   engages  such minor  for sexual exploitation in any manner, 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 shall also be liable to fine15(2) whoever, knowingly by or having  reason to believe  that a person has been trafficked, engages such person for  sexual exploitation in any manner,  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'9 for sections 375, 376, 376a, 376b, 376c and 376d of the penal code, the following sections shall be substituted, namely:—substitution of new sections for sections 375, 376, 376a, 376b, 376c and 376d rape'375   a man  is said to commit "rape" if he— (a) penetrates his penis, to any extent, into the vagina, mouth  urethra or anus of a woman or makes her to do so with him or any other  person; or20(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or25 (c)  manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d)  applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:—30| 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 |                                                         || hurt                                                                         |                                                         |35| fourthly                                                                     ||-------------------------------------------------------------------------------|| 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 married                |40| fifthly                                                                   ||----------------------------------------------------------------------------|| 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 consequences of that || to which she gives consent                                                |sixthly—with or without her consent, when she is under sixteen years of ageseventhly—when she is unable to communicate consent5explanation 1—for the purposes of this section, "vagina" shall also include labia majoraexplanation 2—consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of   verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:10provided that a woman 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 activityexception 1—a medical procedure or intervention shall not constitute rape exception 2—sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape15punishment for rape376 (1) whoever, except in the cases provided for in sub-section (2), commits rape, 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,—20(a) being a police officer, commits rape—(i) within the limits of the police station to which such police officer is appointed; or(ii) in the premises of any station house; or25(iii) on a  woman 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 rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or30(c) being a member of the armed forces deployed in an area by the central or a state government commits rape in such area; 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 rape on any inmate of such jail, remand home, place or institution; or35(e) being on the management or on the staff of a hospital, commits rape on a  woman in that hospital; or(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or(g) commits rape during communal or sectarian violence; or (h) commits rape on a woman  knowing her to be pregnant; or40(i) commits rape on a woman when she is under  sixteen years of age;or(j) commits rape, on a woman incapable of giving consent; or (k) being in a position of control or dominance over a woman, commits rape on such woman; or(l) commits rape on a woman suffering from mental or physical disability; or5(m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or(n) commits rape repeatedly on the same woman,10shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fineexplanation—for the purposes of this sub-section,—15(a) "armed forces" means the naval, military and  air  forces and  includes any  member of  the armed  forces constituted under any law 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;(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;205 of 1861(d) "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 children25376a whoever, commits an offence punishable under sub-section (1) or subsection (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman 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 imprisonment for the remainder of that person's natural life, or with death30punishment for causing death or resulting in persistent vegetative state of victim376b whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, 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 finesexual intercourse by husband upon his wife during separation35explanation—in this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375376c whoever, being—| (                                                                                 | a   | ) in a position of authority or in a fiduciary relationship; or          ||-----------------------------------------------------------------------------------|-----|--------------------------------------------------------------------------|| sexual                                                                            |     |                                                                          || intercourse by                                                                    |     |                                                                          || a person in                                                                       |     |                                                                          || authority                                                                        |     |                                                                          || (                                                                                 | b   | ) a public servant; or                                                   || 40                                                                                |     |                                                                          || (                                                                                 | 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   | ) on  the  management of a hospital or being on the staff of a hospital, |45abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, 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 fineexplanation 1—in this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375explanation 2 —for the purposes of this section, explanation 1 to section 375shall also be applicable5explanation 3—"superintendent", in relation to a jail, remand home or otherplace 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 inmates10explanation 4—the expressions "hospital" and "women's or children's institution" shall respectively have the same meaning as in explanation to sub-section (2) of section 376gang rape15376d where a woman is raped by one or more persons constituting a group oracting in furtherance of a common intention, each of those persons shall be  deemed to have committed the offence of rape and shall be punished with  rigorous imprisonment for a term which  shall  not be less  than twenty  years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine:  provided that such fine shall be just and reasonable to meet the medical expensesand rehabilitation of the victim:20provided further that any fine imposed under this section shall be paid to thevictimpunishment for repeat offenders25376e whoever has been previously convicted of an offence punishable undersection 376 or section 376a 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 imprisonment for the remainder of that person's natural life, or with death'amendment of section 5093010 in section 509 of the penal code, for the words "shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both", the words "shall be punished with simple imprisonment for a term which may extend to three years, and also with fine" shall be substituted chapter iii amendments to the code of criminal procedure, 1973amendment of section 262 of 1974 35 45 of 186011 in the code of criminal procedure, 1973 (hereafter in this chapter referred to as the code of criminal procedure), in section 26, in the proviso to clause (a), for the words, figures and letters "offence under section 376 and sections 376a to 376d of the indian penal code", the words, figures and letters "offence under section 376, section 376a, section 376b, section 376c, section 376d or section 376e of the indian penal code" shall be substituted12  in  section 54a of the code of criminal procedure, the following provisos shall be inserted, namely:—40amendment of section 54a45 "provided that, if the person identifying the person arrested is mentally or physically disabled, such process of  identification  shall  take place  under  the supervision of a judicial magistrate  who shall  take appropriate  steps to ensure that such person identifies  the person arrested using methods that person is comfortable with:provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process shall be videographed" 13 in section 154 of the code of criminal procedure, in sub-section (1), the following provisos shall be inserted, namely:—amendment of section 154545 of 1860"provided that if the information is given by the woman against whom an offence under section 326a, section 326b, section 354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376b, section 376c, section 376d, section 376e or section 509 of the indian penal code is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:10provided further that—1545 of 1860(a) in the event that the person against whom  an offence under section  354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376b, section 376c, section 376d, section 376e or section 509 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 an interpreter or a special educator, as the case may be;(b)  the recording of such information shall be videographed;20(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"25amendment of section 16014  in section 160 of the code of criminal procedure, in sub-section (1), in the proviso, for the words "under the age of fifteen years or woman", the words "under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person" shall be substituted15 in section 161 of the code of criminal procedure, in sub-section (3), after the proviso, the following proviso shall be inserted, namely:—amendment of section 1613045 of 1860"provided further that the statement of a woman against whom an offence under section 354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376b, section 376c, section 376d, section 376e or section 509 of the indian penal code is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer"3516 in section 164 of the code of criminal procedure, after sub-section (5), the following sub-section  shall be inserted, namely:—amendment of section 16445 of 186040 "(5a) (a)  in  cases  punishable  under  section  354, section  354a, section 354b, section 354c, section 354d, sub-section (1) or sub-section (2) of section  376, section376a, section  376b, section  376c, section 376d, section 376e or section 509 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 mentally or physically disabled, the magistrate shall take the assistance of an interpreter or a special educator in recording the statement:45provided further that if the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be videographed1 of 1872 5(b)  a statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically 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"amendment of section 17317 in section 173 of the code of criminal procedure, in sub-section (2), in sub-clause (h) ofclause (i), for the words, figures and letter "or section 376d of the indian penal code", the words,figures and letters "section 376d or section 376e of the indian penal code" shall be substituted1018 in section 197 of the code of criminal procedure, after sub-section (1), the following explanation shall be inserted, namely:—amendment of section 19745 of 186015"explanation—for the removal of doubts it is hereby declared that no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under section 166a, section 166b, section 354, section 354a, section 354b, section 354c, section 354d, section 370, section 375, section 376, section 376a, section 376c, section 376d or section 509 of the indian penal code" 19 after section 198a of the code of criminal procedure, the following section shall be inserted, namely:—insertion of new section 198b cognizance of offence45 of 1860 20"198b no court shall take cognizance of an offence punishable under section376b 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 husband" 20 in section 273 of the code of criminal procedure, before the explanation, the following proviso shall be inserted, namely:—amendment of section 27325"provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused" 21 in section 309 of the code of criminal procedure, for sub-section (1), the following sub-section shall be substituted, namely:—amendment of section 30930"(1) in every inquiry or trial the proceedings shall be continued from day-to-day untilall 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:45 of 1860 35provided that when the inquiry or trial relates to an offence under section 376,section 376a, section 376b, section 376c or section 376d of the indian penal code, the inquiry or trial shall, as far as possible be completed within a period of two months from the date of filing of the charge sheet"45 of 1860amendment of section 32722  in section 327 of the code of criminal procedure, in sub-section (2), for the words,figures and letter "or section 376d of the indian penal code", the words, figures and letters "section 376d or section 376e of the indian penal code" shall be substituted4023 after section 357a of the code of criminal procedure, the following section shall be inserted, namely:—| insertion      | of       ||----------------|----------|| new            | sections || 357b and 357c |          || 45 of 1860    |          |"357b the compensation payable by the state government under section 357ashall be in addition to the payment of fine to the victim under section 326a or section 376d of the indian penal codecompensation to be in addition to fine under section 326a or section 376d of indian penal code45treatment of victims45 of 1860"357c all hospitals, public or private, whether run by the central government, the state government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under section 326a, 376, 376a, 376b, 376c, 376d or section 376e of the indian penal code, and shall immediately inform the police of such incident"24 in the first schedule to the code of criminal procedure, under the heading"1-offences under the indian penal code",—amendment of first schedule(a) after the entries relating to section 166, the following entries shall be inserted, namely:—| 1               |        2       |      3       |    4         |    5     | 6                 ||-----------------|----------------|--------------|--------------|----------|-------------------|| 5               |                |              |              |          |                   || 10              |                |              |              |          |                   || "166a           | public servant | imprisonment | cognizable   | bailable | magistrate of the || disobeying      | for minimum    | first class  |              |          |                   || direction under | 6 months       |              |              |          |                   || law             | which may      |              |              |          |                   || extend to 2     |                |              |              |          |                   || years and fine  |                |              |              |          |                   || 166b            | non-treatment  | imprisonment | non-         | bailable | magistrate        || of victim by    | for 1 year or  | cognizable   | of the first |          |                   || hospital        | fine or both   | class";      |              |          |                   || 15              |                |              |              |          |                   |(b) after the entries relating to section 326, the following entries shall be inserted, namely:—| 1                   |        2             |      3           |    4       |    5         | 6                ||---------------------|----------------------|------------------|------------|--------------|------------------|| 20                  |                      |                  |            |              |                  || "326a               | voluntarily          | imprisonment for | cognizable | non-bailable | court of session || causing             | not less than 10     |                  |            |              |                  || grievous hurt       | years but which      |                  |            |              |                  || by use of           | may extend to        |                  |            |              |                  || acid, etc          | imprisonment for     |                  |            |              |                  || life and fine to be |                      |                  |            |              |                  || paid to the victim |                      |                  |            |              |                  || 25                  |                      |                  |            |              |                  || 326b                | voluntarily          | imprisonment for | cognizable | non-         | court of         || throwing or         | 5 years but which    | bailable         | session"; |              |                  || attempting to       | may extend to 7      |                  |            |              |                  || throw acid         | years and with fine |                  |            |              |                  || 30                  |                      |                  |            |              |                  |(c)  for the entries relating to section 354, the following entries shall be substituted, namely:—| 1                  |        2           |      3          |    4       |    5           | 6              ||--------------------|--------------------|-----------------|------------|----------------|----------------|| 35                 |                    |                 |            |                |                || ''354              | assault or use     | imprisonment of | cognizable | non-           | any magistrate || of criminal        | 1 year which may   | bailable        |            |                |                || force to woman     | extend to 5 years, |                 |            |                |                || with intent to     | and with fine     |                 |            |                |                || outrage her        |                    |                 |            |                |                || modesty           |                    |                 |            |                |                || 40                 |                    |                 |            |                |                || 45                 |                    |                 |            |                |                || 354a               | sexual             | imprisonment    | cognizable | bailable       | any magistrate || harassment of      | which may extend   |                 |            |                |                || the nature of      | to 3 years or with |                 |            |                |                || unwelcome          | fine or with both |                 |            |                |                || physical contact   |                    |                 |            |                |                || and advances or    |                    |                 |            |                |                || a demand or        |                    |                 |            |                |                || request for sexual |                    |                 |            |                |                || favours           |                    |                 |            |                |                || 50                 |                    |                 |            |                |                || 55                 |                    |                 |            |                |                || sexual             | imprisonment       | cognizable      | bailable   | any magistrate |                || harassment of      | which may extend   |                 |            |                |                || the nature of      | to 1 year or with  |                 |            |                |                || making sexually    | fine or with both |                 |            |                |                || coloured remark    |                    |                 |            |                |                || or showing         |                    |                 |            |                |                || pornography or     |                    |                 |            |                |                || any other          |                    |                 |            |                |                || unwelcome          |                    |                 |            |                |                || physical, verbal   |                    |                 |            |                |                || or non-verbal      |                    |                 |            |                |                || conduct of sexual  |                    |                 |            |                |                || nature            |                    |                 |            |                |                || 1                 | 2                 | 3               | 4              | 5        | 6                 ||-------------------|-------------------|-----------------|----------------|----------|-------------------|| 5                 |                   |                 |                |          |                   || 354b              | assault or use of | imprisonment of | cognizable     | non-     | any magistrate    || criminal force to | not less than     | bailable        |                |          |                   || woman with intent | 5 years but which |                 |                |          |                   || to disrobe       | may extend to     |                 |                |          |                   || 10 years and      |                   |                 |                |          |                   || with fine        |                   |                 |                |          |                   || 10                |                   |                 |                |          |                   || 354c              | voyeurism        | imprisonment of | cognizable     | bailable | any magistrate    || not less than     |                   |                 |                |          |                   || 1 year but which  |                   |                 |                |          |                   || may extend to     |                   |                 |                |          |                   || 3 years and with  |                   |                 |                |          |                   || fine for first    |                   |                 |                |          |                   || conviction       |                   |                 |                |          |                   || 15                |                   |                 |                |          |                   || 20                |                   |                 |                |          |                   || imprisonment of   | cognizable        | non-            | any magistrate |          |                   || not less than     | bailable          |                 |                |          |                   || 3 years but which |                   |                 |                |          |                   || may extend to     |                   |                 |                |          |                   || 7 years and with  |                   |                 |                |          |                   || fine for second   |                   |                 |                |          |                   || or subsequent     |                   |                 |                |          |                   || conviction       |                   |                 |                |          |                   || 25                |                   |                 |                |          |                   || 354d              | stalking         | imprisonment of | cognizable     | non-     | any magistrate" || not less than     | bailable          |                 |                |          |                   || 1 year but which  |                   |                 |                |          |                   || may extend to     |                   |                 |                |          |                   || 5 years and with  |                   |                 |                |          |                   || fine             |                   |                 |                |          |                   |(d) for the entries  relating to section 370, the following entries shall be substituted, namely:—30| 1                   | 2                  | 3               | 4          | 5                | 6                ||---------------------|--------------------|-----------------|------------|------------------|------------------|| 35                  |                    |                 |            |                  |                  || ''370               | trafficking        | imprisonment of | cognizable | non-             | court of session || of person          | not less than      | bailable        |            |                  |                  || 7 years but which   |                    |                 |            |                  |                  || may extend to       |                    |                 |            |                  |                  || 10 years and with   |                    |                 |            |                  |                  || fine               |                    |                 |            |                  |                  || 40                  |                    |                 |            |                  |                  || trafficking         | imprisonment of    | cognizable      | non-       | court of session |                  || of more than        | not less than      | bailable        |            |                  |                  || one person         | 10 years but which |                 |            |                  |                  || may extend to       |                    |                 |            |                  |                  || imprisonment for    |                    |                 |            |                  |                  || life and with fine |                    |                 |            |                  |                  || 45                  |                    |                 |            |                  |                  || trafficking         | imprisonment of    | cognizable      | non-       | court of session |                  || of a minor         | not less than      | bailable        |            |                  |                  || 10 years but which  |                    |                 |            |                  |                  || may extend to       |                    |                 |            |                  |                  || imprisonment for    |                    |                 |            |                  |                  || life and with fine |                    |                 |            |                  |                  || 50                  |                    |                 |            |                  |                  || 55                  |                    |                 |            |                  |                  || trafficking         | imprisonment of    | cognizable      | non-       | court of session |                  || of more than        | not less than      | bailable        |            |                  |                  || one minor          | 14 years but which |                 |            |                  |                  || may extend to       |                    |                 |            |                  |                  || imprisonment for    |                    |                 |            |                  |                  || life and with fine |                    |                 |            |                  |                  || 1                   | 2                   | 3               | 4            | 5                  | 6                ||---------------------|---------------------|-----------------|--------------|--------------------|------------------|| 5                   |                     |                 |              |                    |                  || public servant      | imprisonment for    | cognizable      | non-bailable | court of session   |                  || or a police officer | life which shall    |                 |              |                    |                  || involved in         | mean the            |                 |              |                    |                  || trafficking of      | remainder of that   |                 |              |                    |                  || minor              | person's natural    |                 |              |                    |                  || life and with fine |                     |                 |              |                    |                  || 10                  |                     |                 |              |                    |                  || person              | imprisonment for    | cognizable      | non-bailable | court of session   |                  || convicted of        | life which shall    |                 |              |                    |                  || offence of          | mean the            |                 |              |                    |                  || trafficking of      | remainder of that   |                 |              |                    |                  || minor on more       | person's natural    |                 |              |                    |                  || than one occasion  | life and with fine |                 |              |                    |                  || 15                  |                     |                 |              |                    |                  || 370a                | exploitation        | imprisonment of | cognizable   | non-bailable       | court of session || of a trafficked     | not less than       |                 |              |                    |                  || child              | 5 years but which   |                 |              |                    |                  || may extend to       |                     |                 |              |                    |                  || 7 years and with    |                     |                 |              |                    |                  || fine               |                     |                 |              |                    |                  || 20                  |                     |                 |              |                    |                  || 25                  |                     |                 |              |                    |                  || exploitation        | imprisonment of     | cognizable      | non-bailable | court of session"; |                  || of a trafficked     | not less than       |                 |              |                    |                  || adult person       | 3 years but which   |                 |              |                    |                  || may extend to       |                     |                 |              |                    |                  || 5 years and with    |                     |                 |              |                    |                  || fine               |                     |                 |              |                    |                  |(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                ||---------------------|---------------------|------------|--------------|------------------|------------------|| 30                  |                     |            |              |                  |                  || 35                  |                     |            |              |                  |                  || ''376               | rape                | rigorous   | cognizable   | non-bailable     | court of session || imprisonment of     |                     |            |              |                  |                  || not less than       |                     |            |              |                  |                  || 7 years but which   |                     |            |              |                  |                  || may extend to       |                     |            |              |                  |                  || imprisonment        |                     |            |              |                  |                  || for life and with   |                     |            |              |                  |                  || fine               |                     |            |              |                  |                  || 40                  |                     |            |              |                  |                  || 45                  |                     |            |              |                  |                  || 50                  |                     |            |              |                  |                  || 55                  |                     |            |              |                  |                  || 60                  |                     |            |              |                  |                  || rape                | rigorous            | cognizable | non-bailable | court of session |                  || by a police officer | imprisonment of     |            |              |                  |                  || or a public servant | not less than       |            |              |                  |                  || or member of        | 10 years but        |            |              |                  |                  || armed forces or     | which may extend    |            |              |                  |                  || a person being on   | to imprisonment     |            |              |                  |                  || the management      | for life which      |            |              |                  |                  || or on the staff     | shall mean the      |            |              |                  |                  || of a jail, remand   | remainder of that   |            |              |                  |                  || home or other       | person's natural    |            |              |                  |                  || place of custody    | life and with fine |            |              |                  |                  || or women's or       |                     |            |              |                  |                  || children's          |                     |            |              |                  |                  || institution or      |                     |            |              |                  |                  || by a person on      |                     |            |              |                  |                  || the management      |                     |            |              |                  |                  || or on the staff     |                     |            |              |                  |                  || of a hospital,      |                     |            |              |                  |                  || and rape            |                     |            |              |                  |                  || committed by        |                     |            |              |                  |                  || a person in a       |                     |            |              |                  |                  || position of         |                     |            |              |                  |                  || trust or authority  |                     |            |              |                  |                  || towards the person  |                     |            |              |                  |                  || raped or by a       |                     |            |              |                  |                  || near relative of    |                     |            |              |                  |                  || the person          |                     |            |              |                  |                  || raped              |                     |            |              |                  |                  || 1                     | 2                          | 3              | 4            | 5                | 6                   ||-----------------------|----------------------------|----------------|--------------|------------------|---------------------|| 5                     |                            |                |              |                  |                     || 10                    |                            |                |              |                  |                     || 15                    |                            |                |              |                  |                     || 376a                  | person committing rigorous | cognizable     | non-bailable | court of session |                     || an offence of         | imprisonment of            |                |              |                  |                     || rape                  | not less than              |                |              |                  |                     || and inflicting        | 20 years but               |                |              |                  |                     || injury which          | which may extend           |                |              |                  |                     || causes death or       | to imprisonment            |                |              |                  |                     || causes the woman      | for life which             |                |              |                  |                     || to be in a persistent | shall mean                 |                |              |                  |                     || vegetative state     | imprisonment               |                |              |                  |                     || for the               |                            |                |              |                  |                     || remainder of          |                            |                |              |                  |                     || that person's         |                            |                |              |                  |                     || natural life or       |                            |                |              |                  |                     || with death           |                            |                |              |                  |                     || 20                    |                            |                |              |                  |                     || 376b                  | sexual intercourse         | imprisonment   | cognizable   | bailable         | court of session    || by husband upon       | for not less than          | (only on       |              |                  |                     || his wife              | 2 years but                | the complaint  |              |                  |                     || during                | which may                  | of the victim) |              |                  |                     || separation           | extend to 7                |                |              |                  |                     || years and with        |                            |                |              |                  |                     || fine                  |                            |                |              |                  |                     || 25                    |                            |                |              |                  |                     || 376c                  | sexual                     | rigorous       | cognizable   | non-bailable     | court of session   || intercourse by        | imprisonment               |                |              |                  |                     || a person in           | for not less than          |                |              |                  |                     || authority            | 5 years but which          |                |              |                  |                     || may extend to         |                            |                |              |                  |                     || 10 years and          |                            |                |              |                  |                     || with fine            |                            |                |              |                  |                     || 30                    |                            |                |              |                  |                     || 35                    |                            |                |              |                  |                     || 40                    |                            |                |              |                  |                     || 376d                  | gang rape                  | rigorous       | cognizable   | non-bailable     | court of session    || imprisonment          |                            |                |              |                  |                     || for not less than     |                            |                |              |                  |                     || 20 years but          |                            |                |              |                  |                     || which may             |                            |                |              |                  |                     || extend to             |                            |                |              |                  |                     || imprisonment          |                            |                |              |                  |                     || for life which        |                            |                |              |                  |                     || shall mean            |                            |                |              |                  |                     || imprisonment for      |                            |                |              |                  |                     || the remainder         |                            |                |              |                  |                     || of that person's      |                            |                |              |                  |                     || natural life and with |                            |                |              |                  |                     || fine to be paid to    |                            |                |              |                  |                     || the victim           |                            |                |              |                  |                     || 45                    |                            |                |              |                  |                     || 50                    |                            |                |              |                  |                     || 376e                  | repeat offenders          | imprisonment   | cognizable   | non-bailable     | court of session"; || for life which        |                            |                |              |                  |                     || shall mean            |                            |                |              |                  |                     || imprisonment          |                            |                |              |                  |                     || for the               |                            |                |              |                  |                     || remainder of          |                            |                |              |                  |                     || that person's         |                            |                |              |                  |                     || natural life or       |                            |                |              |                  |                     || with death           |                            |                |              |                  |                     |(f) entry relating to section 509, in column 3, for the words "simple imprisonment for one year, or fine, or both,", the words and figure "simple imprisonment for 3 years and with fine " shall be substituted chapter iv 5 amendments to the indian evidence act, 187225 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:—1 of 1872insertion of new section 53a1045 of 1860  "53a in a prosecution for an offence under section  354, section  354a, section354b, section  354c, section 354d, 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"evidence of character or previous sexual experience not relevant in certain cases1526 for section 114a of the 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 prosecution for rape20 '114a  in a prosecution for rape 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), clause (m) or clause (n) 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 such woman states in her evidence before the court that she did not consent, the court shall presume that she did not consent45 of 1860explanation— in this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375 of the indian penal code'2527 for section  119  of the evidence act, the following section shall be substituted, namely:—substitution of new section for section 119 witness unable to communicate verbally30 "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 an interpreter or a special educator in recording the statement, and such statement shall be videographed" 28 in section 146 of the evidence act, for the proviso, the following proviso shall be substituted, namely:—35amendment of section 14640"provided that in a prosecution for an offence under of section 376,  section376a, 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" chapter v amendment to the protection of children from sexual offences act, 2012| 32 of 2012                                                                     | amendment   ||---------------------------------------------------------------------------------|-------------|| of section 2                                                                   |             || 5                                                                               |             || 29                                                                             |             || in this chapter referred to as the protection of children act), in sub-section  | (1),        || for the words "eighteen years", the words "sixteen years" shall be substituted |             || substitution                                                                    |             || of section 42                                                                  |             || 30                                                                             |             || substituted, namely:—                                                           |             || alternate                                                                       |             || punishment                                                                     |             || 10                                                                              |             |"42 where an act or omission constitutes an offence punishable under this act and also under sections 166a, 354a, 354b, 354c, 354d, 370, 370a, 375, 376, 376a, 376c, 376d, 376e or seciton 509 of the indian penal code, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment under this act or under the indian penal code as provides for punishment which is greater in degree15act not in derogation of any other law42a the provisions of this act shall be in additon to and not in derogation of the provisions of any other law for the time being in force and, in case of any inconsistency, the provisions of this act shall have overriding effect on the provisions of any such law to the extent of the inconsistency" chapter vi miscellaneous2031  (1) the criminal law (amendment) ordinance, 2013 is hereby repealedrepeal and savingord 3 of 201345 of 1960 2 of 1974 1 of 1872(2) notwithstanding such repeal, anything done or any action taken under the indian penal code, the code of criminal procedure, 1973 and the indian evidence act, 1872, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of those acts, as amended by this act statement of objects and reasonsthe criminal law (amendment) bill, 2012 was introduced in the lok sabha on 4th december, 2012 in order to provide for stringent punishment for crimes against women, as also to provide for more victim friendly procedures in the trials of such cases after the horrendous incident of gang rape, which occurred on 16th december, 2012 in delhi, a committee, headed by justice j s verma was set up to make recommendations on amending the various laws to provide for speedy justice and enhanced punishment for offenders in cases of sexual assault of extreme nature the justice verme committee submitted its report on 23rd january, 20132 it was felt necessary to bring the revised laws into effect as soon as possible, as any crime against women committed during the period when the law is in making will be punishable only under the existing laws in view of the urgency of the matter, the criminal law (amendment) ordinance, 2013 was promulgated on 3rd february, 20133 the department-related parliamentary standing committee on home affairs examined the criminal law (amendment) bill, 2012 and tabled its report in parliament on 1st march, 2013 keeping in view the recommendations of the department-related parliamentary standing committee on home affairs, the recommendations of justice verma committee and the views and comments received from various quarters including women groups, the government have drafted the criminal law (amendment) bill, 20134 the criminal law (amendment) bill, 2103 seeks to amend the indian penal code,1860,  the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012 these amendments seek to:—(a) make specific provisions for punishment for the offences of causing grievous hurt by acid attack and also for an attempt thereof;(b) define and prescribe punishment for the offences of stalking, voyeurism and sexual harassment;(c) widen the definition of rape; broaden the ambit of aggravated rape; and enhance the punishment thereof;(d) prescribe for punishment extending to the sentence of death, for an offence where in the course of commission of an offence of rape, the offender inflicts any injury which causes the death  of the victim or causes the victim to be in a persistent vegetative state;(e) punish the repeat offenders of rape with imprisonment for life (which shall mean the remainder of the person's natural life), or with death;(f) prescribe that those convicted for the offence of gang rape shall be punished with rigorous imprisonment for a minimum of twenty years extendable to life (which shall mean the remainder of that person's natural life) and fine; to be paid to the victim to meet the medical expenses;(g) enhance punishment under sections  354 and 509 of indian penal code; (h) amend sections 54-a, 154, 160, 161, 164, 198-b, 273, 309  and 327 of the code of  criminal procedure, 1973 for providing for women friendly procedures; greater sensitivity to the requirement of physically and mentally disabled persons, underaged children and old persons in the course of investigation and trial; for speedy trial of rape cases, and better recording of evidence;(i) provide that all hospitals shall immediately provide first aid and/or medical treatment, free of cost, to the victims of acid attack or rape; and provide for punishment for contravention thereof;(j) provide that the compensation payable by the state shall be in addition to the payment of fine to the victim;(k) amend the indian evidence act, 1872 by way of inserting sections 53a,114a, substitution of  section 119 and amendment of section 146 to protect the dignity of women;(l) amend the protection of children from sexual offences act, 2012 so as to harmonise the said act with the provisions of the bill 5 the bill seeks to achieve the above objectivesnew delhi;sushil  kumar  shindethe 15th march, 2013 annexure extracts from the indian penal code (45 of 1860)|     |     |     |     |    ||------|------|------|------|-----|100  the  right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of  the right be of any of the descriptions hereinafter enumerated, namely:—when the right of privatedefence of the body extends to causingdeaths    disclosure of identity of the victim of certain ofences, etc228a  (1) whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376a, section 376b, section 376c or section 376d is alleged or found to have been committed (hererafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine    354 whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby 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 bothassault or criminal force to woman with intent to outrage her modesty    buying or disposing of any person as a slave370 whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine|     |     |     |     |    ||------|------|------|------|-----| 'sexual offencesrape375 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 consequences 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 rapepunishment for rape376 (1) whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years(2) whoever,—(a) being a police officer commits rape—(i) within the limits of the police station to which he is appointed; or (ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or (b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or(c) 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 takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or(e) commits rape on a woman knowing her to be pregnant; or (f) commits rape on a woman when she is under twelve years of age; or (g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten yearsexplanation 1—where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-sectionexplanation 2—"women's or children's institution" means an institution, whether called an orphanage or a home for neglected women or children or a widows' home or by any other name, which is established and maintained for the reception and care of women or childrenexplanation 3—"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 rehabilitationintercourse 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 fineintercourse 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 rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine376c 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 intercourse by superintendent of jail, remand home, etcfemale inmate 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 fineexplanation—the expression "hospital" shall have the same meaning as in explanation 3 to sub-section (2) of section 376intercourse by any member of the management or staff of a hospital with any woman in that hospital    509 whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, 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 simple imprisonment for a term which may extend to one year, or with fine, or with bothword, gesture or act intended to insult the modesty of a woman ———— extracts from the code of criminal procedure, 1973 (2 of 1974)     chapter iii power of courts26  subject to the other provisions of this code,—(a) any offence under the indian penal code may be tried by—courts by which offences are triable45 of 1860(i) the high court,  or (ii) the court of session, or (iii) any other court by which such offence is shown in the first scheduleto be triable:45 of 1860provided that any offence under section 376 and sections 376a to 376d of theindian penal code shall be tried as far as practicable by a court presided over by a woman    identification of person arrested54a where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the court may deem fit     chapter xiiinformation in cognizable cases information to the police and their powers to investigate 154 (1) every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether givenpolice officer's power to require attendance of witnessesin writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the state government may prescribe in this behalf    160 (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     examination of witnesses by police161 (1)      (3) the police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records:provided that statement made under this sub-section may also be recorded by audiovideo electronic means     173(1)     (2) (i) as soon as it is completed, the officer in charge of the police station shall forward to a magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the state government, stating—report of police officer on completion of investigation45 of 1860     (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under section 376, 376a, 376b, 376c or 376d of the indian penal code      273 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 pleaderevidence to be taken in presence of accused| explanation—                                                     | in this section, "accused" includes a person in relation to whom any   ||-------------------------------------------------------------------|------------------------------------------------------------------------|| proceeding under chapter viii has been commenced under this code |                                                                        ||                                                                  |                                                                       || power to                                                          |                                                                        || postpone or                                                       |                                                                        || adjourn                                                           |                                                                        || proceedings                                                      |                                                                        || 45 of 1860                                                       |                                                                        |309 (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:provided that when the inquiry or trial relates to an offence under sections 376 to 376d of the indian penal code, the inquiry or trial shall, as far as possible, be completed within a period of two months from the date of commencement of the examination of  witnesses|             |    |    |     |     |     |     |    ||-------------|----|----|------|------|------|------|-----|| 327        | (  |  1 | )   |     |     |     |    || court to be |    |    |      |      |      |      |     || open       |    |    |      |      |      |      |     || 45 of 1860 |    |    |      |      |      |      |     |(2) notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an offence under section 376, section 376a, section 376b, section 376c or section 376d of the indian penal code shall be conducted in camera:provided that the presiding judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room on building used by the court|     |     |     |     |    ||------|------|------|------|-----| the first schedule classification of offences|                                        |                                    |                      |             |            ||-----------------------------------------|-------------------------------------|-----------------------|--------------|-------------|| 45 of 1860                             |                                     |                       |              |             || i—offences under the indian penal code |                                     |                       |              |             || section                                 | offence                             | punishment            | cognizable   | bailable or || or non-                                 | non-bailable                        | triable               |              |             || coganizable                             |                                     |                       |              |             || 1                                       | 2                                   | 3                     | 4            | 5           ||                                        |                                    |                      |             |            || 354                                     | assault or use of criminal          | imprisonment          | cognizable   | bailable    || force to a woman with                   | for 2 years, or                     | magistrate           |              |             || intent to outrage her                   | fine, or both                      |                       |              |             || modesty                                |                                     |                       |              |             ||                                        |                                    |                      |             |            || 370                                     | buying or disposing                 | imprisonment          | non-         | bailable    || of any person as a                      | for 7 years                         | cognizable            | of the first |             || slave                                  | and fine                           | class                |              |             ||                                        |                                    |                      |             |            || 376                                     | rape                               | imprisonment for life | cognizable   | non-        || or imprisonment for                     | bailable                            | session              |              |             || ten years and fine                     |                                     |                       |              |             || intercourse by a man with               | imprisonment for two                | non-                  | bailable     | ditto      || his wife not being under                | years, or fine, or both cognizable |                       |              |             || twelve years of age                    |                                     |                       |              |             || 376a                                    | intercourse by a man with           | imprisonment for two  | ditto        | ditto       || his wife during separation             | years and fine                     |                       |              |             || 376b                                    | intercourse by public               | imprisonment for      | cognizable   | ditto       || servant with woman in his               | five years and fine                | (but no arrest        |              |             || custody                                | shall  be made                      |                       |              |             || without a warrant                       |                                     |                       |              |             || or without an order                     |                                     |                       |              |             || of a magistrate)                       |                                     |                       |              |             || 376c                                    | intercourse by super-               | ditto                 | ditto        | ditto       || intendent of jail, remand               |                                     |                       |              |             || home, etc                              |                                     |                       |              |             || 376d                                    | intercourse by manager,             | ditto                 | ditto        | ditto       || etc, of a hospital with any            |                                     |                       |              |             || woman in that hospital                 |                                     |                       |              |             ||                                        |                                    |                      |             |            || c                                       |                                     |                       |              |             || hapter                                  |                                     |                       |              |             || xxii—c                                 |                                     |                       |              |             || riminal                                 |                                     |                       |              |             || i                                       |                                     |                       |              |             || ntimidation                             |                                     |                       |              |             || , i                                     |                                     |                       |              |             || nsult                                   |                                     |                       |              |             ||                                         |                                     |                       |              |             || and                                     |                                     |                       |              |             || a                                       |                                     |                       |              |             || nnoyance                                |                                     |                       |              |             ||                                        |                                    |                      |             |            || 509                                     | uttering any word or                | simple                | cognizable   | bailable    || making any gesture                      | imprisonment                        | magistrate           |              |             || intended to insult                      | for 1 year, or                      |                       |              |             || the modesty of a                        | fine, or both                      |                       |              |             || woman, etc                             |                                     |                       |              |             ||                                        |                                    |                      |             |            | extracts from the indian evidence act, 1872 ( 1 of 1872)    45 of 1860114a  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 consentpresumption as to absence of consent in certain prosecutions for rape|     |     |     |     |    ||------|------|------|------|-----|dumb witnesses119 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|     |     |     |     |    ||------|------|------|------|-----|146 when a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend—questions lawful in crossexamination(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: provided that in a prosecution for rape or attempt to commit rape, it shall not be permissible to put questions in the cross-examination of the prosecutrix as to her general immoral character     ———— extracts from the protection of childeren from sexual offences act, 2012 ( 32 of 2012)    2  (1)  in this act, unless the context otherwise reqires,—definitions    (d) "child" means any person below the age of eighteen years;    alternative punishment42  where an act or omission constitute an offence punishable under this act and also under any other law for the time being in force, then, notwithstanding any thing contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment only under such law or this act as provides for punishment which is greater in degree|     |     |     |     |    ||------|------|------|------|-----|———— a billfurthr to amend the indian penal code, the code of criminal procedure, 1973, the indianevidence act, 1872 and the protection of children from sexual offences act, 2012————(shri sushil kumar shinde, minister of home affairs)