10k si~bh~ co bri geniljm to the criihill li~w (jjvteni14ent) bill, 1980 (to be/js intro duced in ldk sabhc!l page 4, line 2,-fo r "au tho ri ty" read "po si tio nit -------new delhi' , august 12 1980 sravana 21, 19 02 ( saka;  bm no, 162 of 1980 the criminal law (amendment) bill, 1980 a billfurther to amend the indian penal code, the code at criminal procedure, 1973 and the indian evidence act, 1872 be it enacted by parliament in the thirty-first year of the republic of india as follows:-1 this act may be called the criminal law (amendment) act, short 1980 title s z in the indian penal code (hereinafter referred to as the penal "of 1880 code), after section 228, the following section shall be inserted, namely:-insertion of new section 228a 10 disclosure of identity of the victim of certain offences, etc "228a (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 354, section 376, section 376a, section 376b, or section 376c is alleged or found to have been committed shall be  punished with imprisonment for a term which &'hall not be less than one month but which may extend to two years and shall also be liable to fine: is ~ovided 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 one m'lnth (2) where, by any enactment for the time being in force, the printing or publication of,-ao (a) the name, or any matter which may make known the identity, of any person against whom an offence spedfted in such enactment is alleged or found to have been committed, (b) any matter in relation to a proceeding held in a court in camera, is prohibited, any person who prints or publishes any such name or matter shall be punished with imprisonment for a term which shall not be less than one month but which may extend to two years s and shall also be liable to fine: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose 3 'sentence of imprisonment for a term of less than nnt: month explanation-the printing or publication of the judgment of 10 any high court or the s'upreme court does not amount to an offence within the meaning of this section" 3 in the penal code, for the heading "of rape" occurring iirunediately before section 375 and for sections 375 and 376, the following heading and sections shall be substituted, namely:-substitution of new sections for lections 375 and 376  ," 'sexual offencesrape 375'·a mail' is said to 'cbrhi1'ltt "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under llny of the seven following descriptions:-20 fi'l';bt - ,againslher wijl, ,'-'1,,1 secondly-without her free and voluntary consent '1:'" thiraty:-:":whh'4her'cbnser1t, wh'en"her consent,"hn' been obtained by i;)utting her in fear of death or of hurt" lot-  011,', any injuy, ; 00, ,by criminal inti<qliflatipn tils~~fu},ed u): s~tioiti503·, ,i 2s fourthly-with her consent, when the man knows that he' :, is riot her hu$band, -and' that her consent is given beca'wie~lhe believes that he is  another man to whom she is or believes herself to be lawfully married , , ,fifth~y:::with her consent, when her consent is given 30 under a mlsconceptiort' of fact, when the man 'ki'lows' ···or has  reason 'fo 'believe that the consent was given in consequence of such misconception " sirthly-with her consent,' when at the time ' of giving 'sudh ~onsent, by reason of ur,sowldness of mind elr  intoxication 35 or the administration by him of any stupefying or unwholesome , substance, she is unable to understand the nature and con-'sequehces"·of'\nat't~;- which she gives consent, or is unable to oftereffective 'resistance;-}' "  !:i< seventhly-with or without her consent, when she is under 40 ··stdeen years of" • ·' ""!j,!",,!, ':, f( ) explanation 1-penetration is su1ftdfnt to constitute thelexual intercourse 1lecessarytothe oiit'j;lce ,of rape,  , ( ~  ~ "r~nat;mt: 2---a wotnan'uving separately frgm her husband 'un'dst il decree of judicia11lepllra~on shall be deemednot't() be his 45 wife for the purposes of this section  , i exception-sexual offenoo by a man with his own wife, the wif~r»dt ~ijlg und,c~r ~fteen ~ear~ of ag~ is not rape , -  3761 (1) whoever, except in the cases provided for by sub-~ (2)" ~~ts r,p~ ;sqall be p~nishc;!9 witp ~mprisq~ent of puniah-mt 'for ral"  'ftl  1 ~~~1"d~sc,:ipt,i,oj;lfp,l' a,t~m whi<:,h shall p,ot belesst~jl  ~y,en years in,tt  waich ~, re tor !,ife or {pr, ~"term whichmay extend to ten ~s        ~d> saal! $0 ,1;>e liable to ,fine:                                                                          ,"  ,' -     t -j 10 ·prbvtded'that·'the 'eou~t·' may, for adequate and special reasons to be :td8mioneld; in the j~gment, impps~, a$fallt~t! of,ijillprisonment for a ,t~<:h;lesstha(l • y,n :year4  '" i i ~-( (~'''\lvhoeve~,~(  ' (a)' being a police officer, commits rape in the lo~al area to whicbltflis appo~n~~, 0;, in any po~ice s~ati0t?- whet¥r or no; 1j~tl1~e~t~· s»c~ l~~~ area; or, , , "  ····tb)' 'lr!ing'll publfc !servant;· takes advantage of his oftlctal position ay,commitb rape on, a womab ulilhis custoc!b;; as such pubuc servant or· in the custody of a public servallt-: ~rdinate to him; or '1 ': ,~a!b 2c' ii (t!) being the superintendent or manager c?f a jail, remand home· or other place ofcll1'!tody establl,h,ed by or unde:c any law for the· time being in liorce or of a women's or ~hil~1 institution,·takes  advantage  pfhi~ offic~ali pq~it)9n ,,and )~mmits rape on, ·any inmate o(alae insti~utioll; ~r, "'"  ;  ,, (d) 'beuig cbricerned with ''the' management or being on the staff of a hospital commits rape on a woman whois receiving treatmeqt in t,hat ho~pital; or (e) commits rape on a woman knowing her to be pregnant; or  ~" (f> commits gang rape, 30 shall be punished~ 'withl ngorfjus imprisonment for a term which '! ' shall not· be~ laess than t~ years -but ,w,bi~ lpay "':l~' for lif~ a'1d shall tiag·be,liable,tol~ne: ',' ","'' ·n l ·, ,,'  " , ~  ,  , • , provided that the court may, for adequate and special reasons to be menti,oned in the j':1dgment, iml?ose a sentence of imprisonment of 3s either description for a term of jess than ten yeails explanation 1- where a 'w'dman' is'riped"'8y three or more persons acting in furtherance of their common intent~on, each of the persons shall be deemed to have committed gang rape within them~ing of th~s su~-~ection 40 if  explanation 2-"superintendent" in relation to a jail, remand hon\'e ·other place or,eu&t<xiy,  ora ~ollleln'~qr children's institution 'ibcludee 'a '·penoll' holciing any otber  qffice in 51jch institution by ·virtue 'of,which,he:,can,e~ci~e a~ al,ltq~rity or control over tts inmates  ',  ' ~ , r" explanation 3-"women's or children"s institution" means an institution, 'whether called an orphanage or a:~bomelfor neglected women or children or a widrl'w's' home or by ,any' qtber ~m~, which is established andmainta;nedfof  thej:ec,)p1iwn ,4i)d care of wom~n or chucken  -" ,,' " inter-cours8 by public: servant with woman in his cus· tody 376a whoever, being a public servant, takes undue advantage of his official authority and seduces any woman, who is in his c'ustody as such public servant or in the custody of a public servant subordinate to him, to ha'/e sexual intercourse witli him, such sexual intercourse not amounting to the offence of rape, shall be s punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine inter ,course by superintendentof jail, reo 1dand home, etc 376b 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 institu-10  tion or holding any other office in such institution by virtue of which he can exercise any authority or control over its inmates, takes undue advantage of his official position and seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the is offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years, and ihall also be liable to fine explanation- the expressions "superintendent" and "women's or children"s institution" shall have the same meanings as in 30 explanations :2 and 3 of sub-section (2) of section 376 intercourse·by manager, etc, of a h06pital with patient 376c whoever, being concerned with the management of a hospital or being on the staff of a hospital, has sexual intercourse with a woman who is receiving treatment in that hospital, such sexual intercourse not amounting to the offence of rape, shall be '-s punished with imr:>risonment of either description for a term which may extend to five years, and shall also be liable to fine explanation-"hospital" includes any institution for the reception and treatment of persons suffering from illness, or for the reception and treatment of r,>ersons during convalescence or of persons 30 requiring medical attention or rehabilitation' amend mentol section 327 4 in the code of criminal procedure, 1973 (hereinafter referred to 2 of 1974 as the criminal procedure code), section 327 shall be numbered as subsection (1) of that section and-(a) in sub-section (1) as so numbered, the following proviso 35 and explanation shall be inserted at the end, namely:-'provided further that the inquiry into and trial of rape or allied offence shall be conducte'd in camera explanation-in this sub-section, the expression "rbl?e or allied offence" denotes-40 fa of 1880 (a) an offence punishable under section 354 of the indian penal code; (b) an offence punishable under section 376, section 376a section 376b, o!' rection 376c of that code; (c) an attempt to commit abetment of or conspiracy to 45 commit any such offence as i~ mentioned in elause (a) or e1ause (b) of this explamtio'n:': (b) after !iiub-section (1) as so numbered, thefollowfng sub-~on shall be inserted, namely:-"(2) where any proceedfn~s are held in camera, it 8hal' not so be lawful for any person to print or publirh anv matter in relation to any such nroceeding ex~t v(l~h the ~a pe~ sion of the court  5 in the ~riminal procedure code, after section 350 the following section shall be inserted, namely:-a of 1810 "350a (1) where any such offence as is described in sub-section (2) of section 228a of the indian penal code is committed in 5 relation to the proceedings of any court, such court may, if satisfied that it is expedient in the interests of justice that such offence should be tried summarily, take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to imprisonment which 10 may extend to three months and also' to ftne of ow i8ctlcm  315oa • s  procedure '- pudiih-imilt for priat 'inapabikia, ti_ ~, proceed-in  c/&~ (2) in every such case, the court shall follow 81 nearly 81 may be practicable the procedure prescribed for summary trials" 6 in section 351 of the criminal procedure code, in sub4ect'on (1), for the words and figures "or section 350", the words, figures and letter is "section 350, or section 350a" shall be substituted amendment of aeetion 311 7 in the first schedule to the criminal procedure code, under the heading "i-ojfences under the indian penal code",-ameadmentot the i'lnt  schedule (a) after the entries relating to section 228, the following entries shall be inserted, namely:-cognizable non-bailable any malistrate "g28a dilcloiure or the imprisonment identity or the ror two yearl victim or ceror fine or both lain offences, etc ditto ditto ditto ditto" : printing or publication or - proceedidg held ill ""'" in cod-traw:ation of any law_ (b) 'for the entries relating to section 376, the following entries 35 shall be substituted, namely:-6 2 3 4 5 non-bailable court orscaioll "376 rape 40 imprillodment cognizable ror life or imprilonment for ten years and fine ditto ditto mali1trate or the first cia  45 intercourse by impriloomcnt public servant ror five years with woman in and fine hit cuttody ditto ditto ditto ditto  in tercourlt' by - uperintendent or jail, remand home, t'tc ditto ditto ditto ditto" intercoune by manager, etc, or a holpital with patient   __  - - _  _-  _------_--- 8 after section 111 of the indian evidence act, 1872, the following -lidou:~1i~ 'inserted, natnely:-, ~ "llia in a prosecution for rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (f> of sub-secuon (2)af section 376 of the indian penal code, where sexual intercotirse is proved and s tlle  question is whether it was without the consent· of the woman alleged to have been raped and she states in her evidence be'fore the court that she did not consent, the court shall presume that she did dot consent" : , ~! i i ,-' ,, 45 of 1880 ~   statement of objects and reasonsthere have been pressing ~ands j,~side and outside pmiament for the amendment of the law relating to rape so that it becomes more di1b-cult for the offenders to escape conviction and severe penaltiea are t'mposed on those convicted a petition was also presented to lok sabha on the subject suggesting inter alia, mcamera trial of rape cases and certain cmmges ,in, the jaw of evidence c~pecial\y id; th~, ~tt~j~ gt~ the qiluaof proyingconsent of the v,ictim tq the ,accuse4'i~f"""~pe :i~t~~ir!ft',', '  -policeman and it was proved that while on duty h~j18d ha~~?fp~ "  - course with the prosecutrix the law commission which was reqleited study the subject has made recommenda~ns :~or ~«es ~ tpe indian penal code, the code of criminal procedure and the indian evidence act in its 84th report ;it,,2,the recomm~tiq~,of ~law com~irp ,ha~~"~lexam1ned in consultation with thestate!dovem~n~, variqps~ggpffp~qn the subject have also been received in the light of the consultation with the state governments and ,the· suggestions which' havebeeni received, it'is proposed to make suitable changes in the indian penaluc,, the icodeof criminal -procedure an9, the-indian evidell£eact  ww1(respect mainly to the offence of rape the changes proposed in tta  lwl have been formulated principally on the basis of the following considerations:-' to" 10 ~·'f1"v (1) the law should be made more stringent without j~p8rcusing considerations of fair trial;  iii' r : rt::~:!"l''''' ~(,:j'("'; (2) the definition of rape should be amended to remove certain loopholes and inadequacies and to ensure that -consent should be vitiated unless it is real and given out of free choice; (3) minimum punishments for rape should be prescribed;:' '" ; '·1 !!"' ~ - ! :- ~,) ! ,   - " t  •• '~' (4) t~ ,prosecutrix should be protected from the glare ot emtiarfflssing publicity during the investigatory as well as trlal,stage~"bt1d any information leading to identification of the victim should 'not be disclosed; \ ,'j jo f _ill! 'i', (5) in the case of rape by a police officer or by a group of persons or by a person having a custodial control by virtue of his special position over the victim, once it is proved that sexual intercourse has taken ,place, th~ onus ,should pe on the ~us,edr4l prove that the sexual intercourse was with the consent of the woman 3 the bill seeks to achieve the above objects  '' t : '" ill ~ ,a i' ," , 7:f tj ~i';;· new delhi; zall singh· the 11th august, 1980  annexure extracts from the indian penal code, 1860(45 of 1860) - - - - -  oj raperape 3'15 a man is said to oommit "rape" who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances fal-,ling ,under any of the five following descriptions:-first-against her will secondly-without her consent thinlly-with her consent, when her consent has been obtained by putting her in fear of death, or of hurt founhly-with her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he ia another man to whom she is or believes herself to be lawfully married fijthly-with or wfthout her consent, when she is under sixteen years of age erplanation-penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape ezeeption-sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape pmum mentfor rape 311 whoever commits rape shall be punished with imprisonment for lite, or with imprisonment of either description 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  - - - - -  extracts prom the code of criminal procedure, 1973(2 of 1974) - - - - - court to be oped 327 the place in which any criminal court is held tor the purpoee of inquiring into or trying any offence shall be deemed to be an open court, to which the public generally may have access, so far as the same can eonveniently contain them: provided that the presiding judge or magistrate may, if he think fit, order at any stage of any inquiry into, or trial of, any particular ca, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the ceurt - - - - - 351 (1) any person selltellcn liy _y ceurt other tlum a hih court under section 844, section 345, section 349, or section 350 may, notwitll· standing anything contained in this code appeal to the court to which decrees or orders made in such court are ordinarily appealable - - - - - appeals froll) convictiona unc:wr sllctiella uf, 346, 38  351  the first scheduleolassmcation of offences - - - - -  i-o,ences under the indi4n penal co4e- - - - - 376 rape | if               | the sexual    | in-        ||------------------|---------------|------------|| imprisonment     |               |            || non-cogniza ble  |               |            || bailable         |               |            || court            | of            |            || seuied·          |               |            || tl"rcollrae     |               |            || waa              |               |            || for              |               |            || !z               |               |            || years,           | or            |            || by               |               |            || a                |               |            || man              | with          | fine,      || his              |               |            || awn              |               |            || wife             | not           |            || being            | under         |            || i!z              |               |            || yean             |               |            || r               |               |            || age             |               |            || ifthe            | lexual        | in-        || imprisonment for | ditto         | ditto      || ditto           |               |            || tercoune         |               |            || was              |               |            || life,            |               |            || or               | impri-        |            || bya              | man           | with       || sonmen! for      |               |            || 10               |               |            || iais             | own wife      | yeart      || ne              |               |            || heidi            | u114ier       | 1:z        || yean             | (;if          |            || age             |               |            || in               | any           | other case || cognizable       |               |            || non-bailable     |               |            || ditto           |               |            || -                |               |            || -                |               |            || -                |               |            || -                |               |            || -                |               |            |a bill further to amend the indian penal code, the code of criminal procedure, 1973 and the indian evidence act, 1872 (giani zail singh, minister of home affai'l'8) 