 bill no 233 of  2017 the criminal law (amendment) bill, 2017 bydr  shashi tharoor, mpa billfurther to amend the indian penal code, 1860 and the code of criminal procedure code, 1973be  it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter  i preliminary chapter ii amendments to the indian penal code, 186045 of 18602 in section 354d of the indian penal code, 1860, for sub-section (1), the following sub-section shall be substituted, namely:amendment of section 354d"(1) whoever—5(i) follows a person and contacts, or attempts to contact such person to foster personal interaction repeatedly despite a clear indication of disinterest by such person, or10(ii) monitors the use by a person of the internet, email or any other form of electronic communication, or(iii) watches or spies on a person, in a manner that results in a fear of violence or serious alarm or distress in the mind of such person, commits the offence of stalking:15provided that such conduct shall not amount to stalking if the person who pursued it proves that—(i) it was pursued for the purpose of preventing or detecting crime and the person accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state; or20(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 justified" chapter iii amendments to the code of criminal procedure, 197325amendment of the first schedule3 in the first schedule to the code of criminal procedure, 1973, under the heading"i-offences under the indian penal code", for the entries relating to sections 354a, 354c and 354d the following entries shall be substituted, namely:—12345630 35"354asexualimprisonment whichcognizablenon-bailableany magistrateharassment ofmay extend to 3the nature ofyears or with fine orunwelcomewith bothphysical contact and advances or a demand or request for sexual favours, showing pornography4045sexualimprisonment whichcognizablebailableany magistrateharassment ofmay extend tothe nature of1 year or with fine ormakingwith bothsexually coloured remark| 1                        | 2             | 3                   | 4              | 5            | 6              ||--------------------------|---------------|---------------------|----------------|--------------|----------------|| 5                        |               |                     |                |              |                || 354c                     | voyeurism     | imprisonment of not | cognizable     | non-bailable | any magistrate || less than 1 year but     |               |                     |                |              |                || which may extend to      |               |                     |                |              |                || 3 years and with fine    |               |                     |                |              |                || for first conviction    |               |                     |                |              |                || 10                       |               |                     |                |              |                || imprisonment of not      | cognizable    | non-bailable        | any magistrate |              |                || less than 3 years but    |               |                     |                |              |                || which may extend to      |               |                     |                |              |                || 7 years and with fine    |               |                     |                |              |                || for second or subsequent |               |                     |                |              |                || conviction              |               |                     |                |              |                || 15                       |               |                     |                |              |                || 354d                     | stalking      | imprisonment up to  | cognizable     | non-bailable | any magistrate || 3 years and with fine    |               |                     |                |              |                || for first conviction    |               |                     |                |              |                || 20                       |               |                     |                |              |                || imprisonment up to       | cognizable    | non-bailable        | any            |              |                || 5 years and with fine    | magistrate" |                     |                |              |                || for second or            |               |                     |                |              |                || subsequent               |               |                     |                |              |                || conviction              |               |                     |                |              |                | statement  of  objects  and  reasonsprotection from sexual violence is a right guarantee specifically within the context of the right to life and personal liberty under article 21 of the constitution of india key to this is the right to dignity, which has long been recognised as an integral part of the constitution of indiathe state is duty bound under the constitution to enact legislation that protects women's safety against any threat, or suitably amend legislation that does not effectively address threats to a woman's safety and thereby their constitutionally guaranteed rights of safety and dignity, as laid down by the supreme court in vishakha vs state of rajasthanthe offences of sexual harassment, voyeurism and stalking are crimes with serious repercussions however, the bailable nature of these offences, often leads to the accused obtaining bail without serious judicial scrutiny regarding the risk that the accused may pose to the complainants and the likelihood of the accused attempting to intimidate complainants and witnesses or commit further offences against them courts are not expected to grant bail to accused persons who may vitiate the right of the complainant to seek justice therefore, it is inconsistent with the jurisprudence of the supreme court and the underlying logic of the dichotomy between bailable and non-bailable offences, for such offences to remain as bailable offencesthe fluid nature of the system of bail in these cases effectively also serves as a strong deterrent  for women across the country to report these specific crimes in the first place, out of fear of the repercussions it would entail however, if these laws are suitably amended, it would encourage women from across the demographic, social and economic divide to rise up and speak out against these crimes with fortitudethe bill is therefore a progressive step forward to ensuring that women in our country can lead dignified and empowered lives, a fulfilment of their constitutionally guaranteed right to life and personal libertytherefore, this billnew delhi;shashi  tharoornovember 27, 2017 annexure extract from the indian penal code, 1860 (no 45 of 1860)     354d (1) any man who—(i) follows a woman and contacts, or attempts to contact such woman to fosterpersonal 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 ofelectronic communication; or(iii) watches or spies on a woman in any manner, that results in a fear of violenceor serious alarm or distress in the mind of such woman, or interferes with the mental peace of the woman, commits the offence of stalking:provided 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 manaccused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state; or(ii) it was pursued under any law or to comply with any condition or requirementimposed by any person under any law; or(iii) in the particular circumstances such conduct was reasonable and justified(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'      extract from the code of criminal procedure, 1973 [2 of 1974]      chapter xvi-offences affecting the human body| 1                        | 2                     | 3                   | 4              | 5              | 6              ||--------------------------|-----------------------|---------------------|----------------|----------------|----------------|| "354a                    | sexual                | imprisonment which  | cognizable     | bailable       | any magistrate || harassment of            | may extend to 3       |                     |                |                |                || the nature of            | years or with fine or |                     |                |                |                || unwelcome                | with both            |                     |                |                |                || physical                 |                       |                     |                |                |                || contact and              |                       |                     |                |                |                || advances or a            |                       |                     |                |                |                || demand or                |                       |                     |                |                |                || request for              |                       |                     |                |                |                || sexual                   |                       |                     |                |                |                || favours,                 |                       |                     |                |                |                || showing                  |                       |                     |                |                |                || pornography             |                       |                     |                |                |                || sexual                   | imprisonment which    | cognizable          | bailable       | any magistrate |                || harassment of            | may extend to 1       |                     |                |                |                || the nature of            | year or with fine or  |                     |                |                |                || making                   | with both            |                     |                |                |                || sexually                 |                       |                     |                |                |                || coloured                 |                       |                     |                |                |                || remark                  |                       |                     |                |                |                || 354c                     | voyeurism             | imprisonment of not | cognizable     | bailable       | any magistrate || less than 1 year but     |                       |                     |                |                |                || which may extend to      |                       |                     |                |                |                || 3 years and with fine    |                       |                     |                |                |                || for first conviction    |                       |                     |                |                |                || imprisonment of not      | cognizable            | non-bailable        | any magistrate |                |                || less than 3 years but    |                       |                     |                |                |                || which may extend to      |                       |                     |                |                |                || 7 years and with fine    |                       |                     |                |                |                || for second or subsequent |                       |                     |                |                |                || conviction              |                       |                     |                |                |                || 354d                     | stalking              | imprisonment up to  | cognizable     | bailable       | any magistrate || 3 years and with fine    |                       |                     |                |                |                || for first conviction    |                       |                     |                |                |                || imprisonment up to       | cognizable            | non-bailable        | any magistrate |                |                || 5 years and with fine    |                       |                     |                |                |                || for second or            |                       |                     |                |                |                || subsequent               |                       |                     |                |                |                || conviction              |                       |                     |                |                |                |———— a billfurther to amend the indian penal code, 1860 and the code of criminal procedure code, 1973————(dr shashi tharoor, mp)gmgipmrnd—2660ls(s3)—18-12-2017