 bill no 209 of 2018 the code of criminal procedure (amendment) bill, 2018 byshri rabindra kumar jena, mpabillfurther to amend the code of criminal procedure, 1973be  it enacted by parliament in the sixty-ninth year of  the republic of india as follows:— 1 (1) this act may be called the code of criminal procedure (amendment) act, 2018short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in section 160 of the code of criminal procedure, 1973,—amendment of section 160(a) in sub-section (1), for the existing proviso, the following provisos shall besubstituted, namely:—''provided that no male person or woman under the age of sixteen years or  above the age of sixty-five years or a mentally or physically disabled person shall be required to attend at any place other than the place in which such male person or woman resides:provided further that while recording the statement, a relative or a friend or a social worker of the choice of the person whose statement is being recorded shall be allowed to remain present''; and (b) after sub-section (2), the following sub-sections shall be inserted, namely:—510"(3) where under this chapter, the statement of a female is to be recorded either as first information of an offence or in the course of an investigation into an offence and she is a person against whom an offence under sections 375, 376, 376a, 376b, 376c, 376d, 377 or 509 of the indian penal code, 1860 is alleged to have been committed or attempted, the statement shall be recorded by a female police officer and in case a female police officer is not available, by a female government servant available in the vicinity and in case a female government servant is also not available, by a female authorised by an organisation interested in the welfare of women or children15(4) where, under sub-section (3), no female police officer or female government servant or a female authorised by an organisation interested in the welfare of women and children is available, the officer in charge of the police station shall, after recording the reasons in writing, proceed with the recording of the statement of such female victim in the presence of a relative of such victim'' statement of objects and reasonsthe supreme court in sakshi vs union of india had recognized the inadequacies in the law relating to rape and had suggested that the legislature should bring about the required changes the cases of sexual assault on a woman or a man are heinous crimes which require a lot of courage on the part of the victim to recite the incident and provide proper sequence of events there have been many cases where recording of statements have been malicious and the victims have had to face the wrath of insensitive and improper questioningthe bill, therefore, seeks to amend section 160 of the code of criminal procedure, 1973in order to provide for provisions which make it mandatory for some relative to accompany the person whose statement is being recorded and to ensure that there is a presence of a woman while the statement is being recorded such steps will ensure that the victim does not have to face undue pressure and feels comfortable in providing the evidencehence this billnew delhi;rabindra kumar jenanovember 28, 2018 annexure extract from the code of criminal prodcedure, 1973 (2 of 1974)     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:police officer's power to require attendance of witnessesprovided that no male person 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 required to attend at any place other than the place in which such male person or woman resides(2) the state government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence     ———— a billfurther to amend the code of criminal procedure, 1973————(shri rabindra kumar jena, mp)mgipmrnd—2266ls(s-3)—17-12-2018