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2, 2013rQ 12, 1935 (~)
No.17J NEW DELHI, TUESDAY, APRIL 2, 2013/CHAITRA 12, 1935 (SAKA)

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 2nd April, 2013/Chaitra 12, 1935 (Saka)
The following Act of Parliament received the assent of the President on the
2nd April, 2013, and is hereby published for general information:-

THE CRIMINAL LAW (AMENDMENT) ACT, 2013

No. 13 OF 2013
[2nd April, 2013]
ANACT further to amend the Indian Penal Code, the Code ofCriminal Procedure,
1973, the Indian EvidenceAct, 1872 and the Protection ofChildren from Sexual
Offences Act, 2012.
BE it enacted by Parliament in the Sixty-fourth Year ofthe Republic ofIndia as follows:-
CHAPTER I
PRELIMINARY

1. (1) This Act may be called the Criminal Law (Amendment) A~i, 2013. Short title and
commencement.
(2) It shall be deemed to have come into force on the 3rd day of February, 2013.
CHAPTERn
AMENDMENTS TO THE INDIAN PENAL CODE

45 of 1860. 2. In the Indian Penal Code (hereafter in this Chapter referred to as the Penal Code), Amendment
in section 100, after clause Sixthly, the following clause shall be inserted, namely:- of section
100.
"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.".
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-

Insertion of new 3. I.fter section 166 of the Penal Code, the following sections shall be inserted,
sections 166A namely:-
and 1668.

Public servant "166A. Whoever, being a public servant,-

disobeying
direction (a) knowingly disobeys any direction of the law which prohibits him
under law. 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 ofany person, any other direction
of the law regulating the manner in which he shall conduct such investigation,
or
(c) fails to record any information given to him under sub-section (1) of
section 154 ofthe Code ofCriminal Procedure, 1973, in relation to cognizable 2 of 1974.
offence punishable under section 326A, section 326B, section 354, section
354B, section 370, section 370A, section 376, section 376A, section 376B,
section 376C, section 3760, 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 fme.
Punishment 166B. Whoever, being in charge ofa hospital, public or private, whether run by
for non-
the Central Government, the State Government, local bodies or any other person,
treatment of
victim. contravenes the provisions ofsection 357C ofthe Code of Criminal Procedure, 1973, 2 of 1974.
shall be punished with imprisonment for a term which may extend to one year or with
fme or with both.".
Amendment of 4. In section 228A of the Penal Code, in sub-section (1), for the words, figures and
section 228A.
letters "offence under section 376, section 376A, section 376B, section 376C or section
3760", the words, figures and letters "offence under section 376, section 376A, section 376B,
section 376C, section 3760 or section 376E" shall be substituted.
Insertion of 5. After section 326 of the Penal Code, the following sections shall be inserted,
new sections namely:-
326A and
3268.
Voluntarily '326A. Whoever causes permanent or partial damage or deformity to, or burns or
causing maims or disfigures or disables, any part or parts of the body of a person or causes
grievous hurt
by use of grievous hurt by throwing acid on or by administering acid to that person, or by using
acid, etc. any other means with the intention ofcausing 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 fme:
Provided that such fine shall be just and reasonable to meet the medical expenses
ofthe treatment ofthe victim:
Provided further that any fine imposed under this section shall be paid to the
victim.
Voluntarily . 326B. Whoever throws or attempts to throw acid on any person or attempts to
throwing or administer acid to any person, or attempts to use any other means, with the intention
attempting to
throw acid. 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 ofeither 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 fme.
Explanation I.-For the pwposes 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 disability.
Explanation 2.- For the pwposes of section 326A and this section, permanent
or partial damage or deformity shall not be required to be irreversible.'.
SEC. 1] THE GAZETTE OF lNDIAEXTRAORDINARY 3
6. In section 354 ofthe Penal Code, for the words "shall be punished with imprisonment Amendment
ofeither description for a tenn which may extend to two years, or with fine, or with both", the of section
354.
words "shall be punished with imprisonment ofeither description for a tenn which shall not
be less than one year but which may extend to five years, and shall also be liable to fme" shall
be substituted.
7. After section 354 ofthe Penal Code, the following sections shall be inserted, namely:- Insertion of
new sections
354A,354B,
354C and
354D.

'354A. (1) Aman committing any ofthe following acts- Sexual

harassment
(i) physical contact and advances involving unwelcome and explicit sexual and
overtures; or punishment
for sexual
(il) a demand or request for sexual favours; or harassment.

(iii) showing pornography against the will of a woman; or

(tv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (l) or clause (il) or
clause (iii) ofsub-section (1) shall be punished with rigorous imprisonment for a tenn
which may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (tv) ofsub-section (1)
shall be punished with imprisonment ofeither description for a tenn which may extend
to one year, or with fme, or with both.
354B. Any man who assaults or uses criminal force to any woman or abets such Assault or use
act with the intention of disrobing or compelling her to be naked, shall be punished of criminal
fQrce to
with imprisonment of either description for a tenn which shall not be less than three woman with
years but which may extend to seven years, and shall also be liable to fme. intent to
disrobe.

354C. Any man who watches, or captures the image ofa woman engaging in a Voyeurism.
private 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 tenn 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 c(jnviction, with imprisonment of either description for a
tenn which shall not be less than three years, but which may extend to seven years,
and shall also be liable to fine.
Explanation I.-For the purpose ofthis 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 puelic.
Explanation 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 section.
354D. (1) Any man who- Stalking.

(I) follows a woman and contacts, or attempts. to contact such woman to

foster personal interaction repeatedly despite a clear indication ofdisinterest by
such woman; or
 4 THE GAZETTE OF INDIA EXTRAORDINARY [PARI' 11-

(il) monitors the use by a woman ofthe intelllet, email or any other form
ofelectronic communication,
commits the offence ofstalking:
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 man accused of stalking had been entrusted with the responsibility of
prevention and detection of crime by the State; or
(il) 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 andjustified.
(2) Whoever commits the offence ofstalking shall be punished on first conviction
with imprisonment ofeither description for a term which may extend to three years, and
shall also be liable to fme; and be punished on a second or subsequent conviction,
with imprisonment ofeither description for a term which may extend to five years, and
shall also be liable to fine.'.
Substitution of 8. For section 370 of the Penal Code, the following sections shall be substituted,
new sections namely:-
370 and 370A
for section
370.

Trafficking of '370. (I) Whoever, for the purpose of exploitation, (a) recruits, (b) transports,
person.
(c) harbours, (d) transfers, or (e) receives, a person or persons, by-
First.-- using threats, or
Secondly.- using force, or any other form ofcoercion, or
Thirdly. - by abduction, or
Fourthly.- by practising fraud, or deception, or
Fifthly.- by abuse of power, or
Sixthly.- by inducement, including the giving or receiving of payments
or benefits, in order to achieve the consent ofany person having control over
the person recruited, transported, harboured, transferred or received,
commits the offence oftrafficking.
Explanation 1.-The expression "exploitation" shall include any act ofphysical
exploitation or any form ofsexual exploitation, slavery or practices similar to slavery,
servitude, or the forced removal of organs.
Explanation 2.-The consent ofthe victim is immaterial in determination ofthe
offence oftrafficking.
(2) Whoever commits the offence oftrafficking 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 fme.
(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 fme.
(4) Where the offence involves the trafficking ofa 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 fine.
(5) Where the offence involves the trafficking ofmore than one minor, it shall be
punishable with rigorous imprisonment for a term which shall not be less thanfourteen
years, but which may extend to imprisonment for life, and shall also be liable to fine.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

(6) If a person is convicted of the offence oftrafficking ofminor on more than

one occasion, then such person shall be punished with imprisonment for life, which
shall mean imprisonment for the remainder ofthat person's natural life, and shall also
be liable to fme.
(7) When a public servant or a police officer is involved in the trafficking ofany
person then, such public servant or police officer shall be punished with imprisonment
for life, which shall mean imprisonment for the remainder ofthat person's natural life,
and shall also be liable to fme.
370A. (/) Whoever, knowingly or having reason to believe that a minor has Exploitation
been trafficked, engages such minor for sexual exploitation in any manner, shall be of a trafficked
person.
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 fme.

(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 fme.'.
9. For sections 375, 376, 376A, 376B, 376C and 376D ofthe Penal Code, the following Substitution of
sections shall be substituted, namely:- new sections
for sections
375, 376,
376A,3768,
376C and
376D.

'375. Aman is said to commit "rape" ifhe- Rape.

(0) 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; or
(b) inserts, to any extent, any object or a part of the body, not being the
penis, into the vagina, the urethra or anus ofa woman or makes her to do so with
him or any other person; or
(c) manipulates any part ofthe body ofa woman so as to cause penetration
into the vagina, urethra, anus or any part ofbody ofsuch 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:-
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 ofhurt.
Fourthly.-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 married.
Fifthly. -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 consent.
 6 THE GAZETIE OF INDIA EXTRAORDINARY [PART II-

Sixthly.-With or without her consent, when she is under eighteen years

of age.
Seventhly.-When she is unable to communicate consent.
Explanation I.-For the purposes of this section, "vagina" shall also include
labia majora.
Explanation 2.-Coqsent 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:
Provided that a woman who does not physically resist to the act ofpenetration
shall not by the reason only of that fact, be regarded as consenting to the sexual
activity.
Exception I.-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 rape.'.
Punishment 376. (1) Whoever, except in the cases provided for in sub-section (2), commits
for rape. 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 fme.
(2) Whoever,-

(a) being a police officer, commits rape-

(I) within the limits ofthe police station to which such police officer
is appointed; or
(il) in the premises of any station house; or

(iil) 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; or
(c) being a member ofthe 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 staffofajail, remand home or other
place ofcustody 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; or
(e) being on the management or on the staffofa 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; or

(I) commits rape on a woman when she is under sixteen years of age;
or
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
(j) commits rape, on a woman incapable ofgiving consent; or
(k) being in a position of control or dominance over a woman, commits
rape on such woman; or
(I) commits rape on a woman suffering from mental or physical disability; or
(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,
shall 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 fme.
Explanation.-For the purposes of this sub-section,-
(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 ofthe Central Government or the State Government;
(b) "hospital" means the precincts ofthe hospital and includes the precincts
ofany institution for the reception and treatment ofpersons during convalescence
or ofpersons requiring medical attention or rehabilitation;
(c) "police officer" shall have the same meaning as assigned to the
5 of 1861. expression "police" under the Police Act, 1861;
(<1) "women's or children's institution" means an institution, whether called
an orphanage or a home fer 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 ofwomen or children.
376A. Whoever, commits an offence punishable under sub-section (1) or sub- Punishment
section (2) ofsection 376 and in the course ofsuch commission inflicts an injury which for causing
death or
causes the death of the woman or causes the woman to be in a persistent vegetative resulting in
state, shall be punished with rigorous imprisonment for a term which shall not be less persistent
than twenty years, but which may extend to imprisonment for life, which shall mean vegetative
imprisonment for the remainder ofthat person's natural life, or with death. state of
victim.

376B. \\-'hoover has sexual intercourse with his own wife, who is living separately, Sexual
whether under a decree of separation or otherwise, without her consent, shall intercourse by
husband upon
be punished with imprisonment ofeithet description for a term which shall not be less his wife during
than two years but which may extend to seven years, and shall also be liable to fme. separation.
Explanation.-In this section, "sexual intercourse" shall mean any of the acts
mentioned in clauses (a) to (d) ofsection 375.
376C. Whoever, being- Sexual
intercourse by
(a) in a position ofauthority or in a fiduciary relationship; or a person in
(b) a public servant; or authority.

(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 staffofa hospital,
abuses 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 ofrape, shall be punished
with rigorous imprisonment ofeither 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 fine.
 8 THE GAZETTE OF INDIA EXTRAORDINARY [PARTll-

Explanation 1,-In this section, "sexual intercourse" shall mean any ofthe acts
mentioned in clauses (a) to (d) of section 375.
Explanation 2. -For the purposes ofthis section, Explanation 1 to section 375
shall also be applicable.
Explanation 3.-"Superintendent", in relation to a jail, remand home or other
place ofcustody 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 inmates.
Explanation 4.-The expressions ''hospital'' and "women's or children's institution"
shall respectively have the same meaning as in Explanation to sub-section (2)
ofsection 376.
Gang rape. 3760. Where a woman is raped by one or more persons constituting a group or
acting in furtherance ofa common intention, each ofthose persons shall be deemed to
have committed the offence ofrape 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 ofthat person's natural life, and with
fine:
Provided that such fine shall be just and reasonable to meet the medical expenses
and rehabilitation ofthe victim:
Provided further that any fine imposed under this section shall be paid to the
victim.
Punishment 376E. Whoever has been previously convicted of an offence punishable under
for repeat section 376 or section 376A or section 3760 and is subsequently convicted of an
offenders. offence punishable under any ofthe said sections shall be punished with imprisonment
for life which shall mean imprisonment for the remainder ofthat person's natural life, or
with death.'.
Amendment 10. In section 509 of the Penal Code, for the words "shall be punished with simple
of section imprisonment for a term which may extend to one year, or with fine, or with both", the words
509.
"shall be punished with simple imprisonment for a term which may extend to three years, and
also with fme" shall be substituted.

CHAPTERIII
AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973

Amendment 11. In the Code ofCriminal Procedure, 1973 (hereafter in this Chapter referred to as 2 of 1974.
of section 26. the Code ofCriminal Procedure), in section 26, in the proviso to clause (a), for the words,
figures and letters "offence under section 376 and sections 376A to 3760 of the Indian
Penal Code", the words, figures and letters "offence under section 376, section 376A, 45 of 1860.
section 376B, section 376C, section 3760 or section 376E ofthe Indian Penal Code" shall
be substituted.

Amendment 12. In section 54A ofthe Code ofCriminal Procedure, the following provisos shall be
of section inserted, namely:-
54A.
"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:
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

Provided further that ifthe person identifying the person arrested is mentally or
physically disabled, the identification process shall be videographed.".

13. In section 154 ofthe Code ofCriminal Procedure, in sub-section (1), the following Amendment
provisos shall be inserted, namely:- of section
154.
"Provided that ifthe 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
45 of 1860. 3760, 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:
Provided further that-
ea) in the event that the person against whom an offence under section 354,
section 354A, section354B, section 354C, section 354D, section 376, section 376A,
section 376B, section 376C, section 376D, section 376E or section 509 ofthe Indian
45 of 1860. 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 ofthe 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;

(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.".
14. In section 160 ofthe Code ofCriminal Procedure, in sub-section (1), in the proviso, Amendment
for the words "under the age offifteen years or woman", the words "under the age offifteen of section
160.
years or above the age of sixty-five years or a woman or a mentally or physically disabled
person" shall be substituted.
15. In section 161 of the Code of Criminal Procedure, in sub-section (3), after the Amendment
proviso, the following proviso shall be inserted, namely:- of section
161.
"Provided further that the statement ofa woman against whom an offence under
section 354, section 354A, section 354B, section 354C, section 3540, section 376,
section 376A, section 376B, section 376C, section 3760, section 376E or section 509 of
45 of 1860. the Indian Penal Code is alleged to have been committed or attempted shall be recorded,
by a woman police officer or any woman officer.".
16. In section 164 ofthe Code ofCriminal Procedure, after sub-section (5), the following Amendment
sub-section shall be inserted, namely:- of section
164.
"(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,
section 376A, section 376B, section 376C, section 376D, section 376E or section 509 ofthe
45 of 1860. Indian Penal Code, the Judicial Magistrate shall record the statement ofthe 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 ofthe police:
Provided that ifthe person making the statement is temporarily or permanently
mentally or physically disabled, the Magistrate shall take the assistance ofan interpreter
or a special educator in recording the statement:
Provided 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 videographed.
 10 THE GAZETTE OF INOIAEXTRAORDINARY [pARfII-

(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 ofthe Indian Evidence Act, 1872 such 1 of 1872.
that the maker ofthe statement can be cross-examined on such statement, without the
need for recording the same at the time oftrial.".
Amendment 17. In section 173 ofthe Code ofCriminal Procedure, in sub-section (2), in sub-elause (h)
of section of clause (I), for the words, figures and letter "or 3760 ofthe Indian Penal Code", the words, 45 of 1860.
173.
figures and letters" 3760 or section 376E ofthe Indian Penal Code" shall be substituted.
Amendment 18. In section 197 ofthe Code ofCriminal Procedure, after sub-section (1), the following
of section Explanation shall be inserted, namely:-
197.
"Explanation.-For the removal ofdoubts it is hereby declared that no sanction
shall be required in case of a public servant accused of any offf'dce alleged to have
been committed under section 166A, section 166B, section 354, section 354A,
section 354B, section 354C, section 3540, section 370, section 375, section 376, section
376A, section 376C, section 3760 or section 509 ofthe Indian Penal Code.". 45 of 1860.
Insertion of 19. After section 198A ofthe Code ofCriminal Procedure, the following section shall
new section be inserted, namely:-
198B.
Cognizance of "198B. No Court shall take cognizance of an offence punishable under
offence. section 376B ofthe Indian Penal Code where the persons are in a marital relationship, 45 of 1860.
except uponprimafacie satisfaction of the facts which constitute the offence upon a
complaint having been filed or made by the wife against the husband.".
Amendment 20. In section 273 of the Code of Criminal Procedure, before the Explanation, the
of section following proviso shall be inserted, namely:-
273.
"Provided that where the evidence ofa woman below the age ofeighteen 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 ofcross-examination ofthe accused.".
Amendment 21. In section 309 ofthe Code ofCriminal Procedure, for sub-section (1), the following
of section sub-section shall be substituted, namely:-
309.
"(1) In every inquiry or trial the proceedings 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 section 376,
section 376A, section 376B, section 376C or section 3760 ofthe Indian Penal Code, the 45 of 1860.
inquiry or trial shall, as far as possible be completed within a period oftwo months from
the date of filing of the charge sheet.".
Amendment 22. In section 327 ofthe Code ofCriminal Procedure, in sub-section (2), for the words,
of section figures and letter "or section 3760 ofthe Indian Penal Code", the words, figures and letters 45 of 1860.
327.
"section 3760 or section 376E ofthe Indian Penal Code" shall be substituted.
Insertion of 23. After section 357Aofthe Code ofCriminal Procedure, the following sections shall
new sections
357B and 357C.
be inserted, namely:-
Compensation "357B. The compensation payable by the State Government under section 357A
to be in addition shall be in addition to the payment of fme to the victim under section 326A or
to fine under
section 326A or section 3760 ofthe Indian Penal Code. 45 of 1860.
section 376D of
Indian Penal
Code.

Treatment of 357C. All hospitals, public or private, whether run by the Central Government,
victims. the State Government, local bodies or any other person, shall immediately, provide the
frrst-aid or medical treatment, free ofcost, to the victims ofany offence covered under
section 326A, 376, 376A, 376B, 376C, 3760 or section 376E ofthe Indian Penal Code, 45 of 1860.
and shall immediately inform the police ofsuch incident.".
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

24. In the First Schedule to the Code of Criminal Procedure, under the heading Amendment
45 of 1860. "I.-QFFENCES UNDER THE INDIAN PENAL CODE",- of First
Schedule.
(a) after the entries relating to section 166, the following entries shall be inserted,
namely:-
2 3 4 5 6

"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 I year or cognizable of the first
hospital. fine or both. class.";

(b) after the entries relating to section 326, the following entries shall be inserted,
namely:-
2 3 4 5 6

"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.

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 fme.

(c) for the entries relating to section 354, the following entries shall be substituted,
namely:-
2 3 4 5 6

"354 Assault or use Imprisonment of Cognizable Non- Any Magistrate.

of criminal I year which may bailable
force to woman extend to 5 years,
with intent to and with fine.
outrage her
modesty.
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, showing
pornography.
Sexual Imprisonment Cognizable Bailable Any Magistrate.
harassment of which may extend
the nature of to I year or with
making sexually fine or with both.
coloured remark.
12 THE GAZETTE OF INDIA EXTRAORDINARY [pAKfII-

2 3 4 5 6
354B Assault or use of Imprisonment of Cognizable Non- Any Magistrate.
criminal force to not less than bailable
woman with intent 3 years but which
to disrobe. may extend to
7 years and
with fine.
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.
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.
354D Stalking. Imprisonment Cognizable Bailable Any Magistrate.
up to 3 years
and with fine for
first conviction.

Imprisonment Cognizable Non- Any Magistrate.";

up to 5 years bailable
and with fine for
second or
subsequent
conviction.

(d) for the entries relating to section 370, the following entries shall be substituted,
namely:-

2 3 4 5 6

"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.
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.
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.
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.
SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 13

2 3 4 5 6
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.
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.
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.
Exploitation Imprisonment of Cognizable Non-bailable Court of Session.";
of a trafficked not less than
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:-

2 3 4 5 6
"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.
Rape Rigorous Cognizable Non-bailable Court of Session.
by a police officer imprisonment of
or a publ ic 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.
14 THE GAZETTE OF INDIA EXTRAORDINARY [pARTII-

2 3 4 5 6

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.

376B Sexual intercourse Imprisonment Cognizable Bailable Court of Session.

by husband upon for not less than (but only on
his wife 2 years but the complaint
during which may of the victim)
separation. extend to 7
years and with
fine.

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.

376D Gang rape. Rigorous Cognizable Non-bailable Co.urt 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.

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.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

(j) in entry relating to :;ection 509, in colwnn 3, for the words "Simple imprisonment
for one year, or fme, or both,", lhe words and figure "Simple imprisonment for 3 years
and with fine " shall be substituted.
CHAPfERN

AMENDMENTS TO THE INDIAN EVIDENcEAcr, 1872

I of 1872. 25. After section 53 ofthe Indian Evidence Act, 1872 (hereafter in this Chapter referred Insertion of
to as the Evidence Act), the following section shall be inserted, namely:- new section
53A.

"53A. In a prosecution for an offence under section 354, section 354A, Evidence of
character or
section 354B, section 354C, section 3540, section 376, section 376A, section 376B,
previous
45 of 1860. section 376C, section 3760 or section 376E ofthe Indian Penal Code>or for attempt to sexual
commit any such offence, where the question of consent is in issue, evidence of the experience
not relevant
character ofthe victim or ofsuch person's previous sexual experience with any person
in certain
shall not be relevant on the issue of such consent or the quality of consent.". cases.

26. For section 114A of the Evidence Act, the following section shall be substituted, Substitution
namely:- of new
section for
section
114A.

'114A. In a prosecution for rape under clause (a), clause (b), clause (c), Presumption
as to absence
~~~~~~~~~~~~~~~m
of consent in
clause (I), clause (m) or clause (n) of sub-section (2) of section 376 of the Indian certain
45 of 1860. Penal Code, where sexual intercourse by the accused is proved and the question is prosecution
whether it was without the consent ofthe woman alleged to have been raped and such for rapCl.
woman states in her evidence before the court that she did not consent, the court shall
presume that she did not consent.
Explanation.- In this section, "sexual intercourse" shall mean any of the acts
45 of 1860. mentioned in clauses (a) to (d) of section 375 of the Indian Penal Code.'.
27. For section 119 of the Evidence Act, the following section shall be substituted, Substitution
of new
namely:- section for
se~tion 119.

"119. A witness who is unable to speak may give his evidence in any other Witness
unable to
manner in which he can make it intelligible, as by writing or by signs; but such writing
communicate
must be written and the signs made in open Court, evidence so given shall be deemed verbally.
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 ofthe Evidence Act, for the proviso, the following proviso shall be Amendment
of section
substituted, namely:-
146.
"Provided that in a prosecution for an offence under section 376, section 376A,
45 of 1860. section 376B, section 376C, section 3760 or section 376E ofthe 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 cross-examination
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.".
 16 THE GAZETTE OF INDIA EXTRAORDINARY [PART n-SEC. I]

CHAPlERV
AMENDMENT TO TIlE PROTECTION OF CHllDREN FROM SEXUAL OFFENCES ACT, 2012
Substitution 29. For section 42 ofthe Protection ofChildren from Sexual Offences Act, 2012, the 32 of 2012.
of new following sections shall be substituted, namely:-
sections for
section 42.
Alternate "42. Where an act or omission constitutes an offence punishable under this Act
punishment. and also under sections I66A, 354A, 354B, 354C, 3540, 370, 370A, 375, 376, 376A,
376C, 3760, 376E or section 509 of the Indian Penal Code, then, notwithstanding 45 of 1860.
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 degree.

Act not in 42A. The provisions of this Act shall be in additon to and not in derogation of
derogation of the provisions of any other law for the time being in force and, in case of any
any other law. inconsistency, the provisions ofthis Act shall have overriding effect on the provisions
of any such law to the extent of the inconsistency.".
CHAPlERVI
MISCELLANEOUS

Repeal and 30. (1) The Criminal Law (Amendment) Ordinance, 2013 is hereby repealed. Oed. 3 of
savings. 2013.
(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 45 of 1860.
amended by the said Ordinance, shall be deemed to have been done or taken under the 2 of 1974.
1 of 1872.
corresponding provisions of those Acts, as amended by this Act.

P.K. MALHOTRA,
Secretary to the Govt. ofIndia.

CORRIGENDA
In the Readjustment of Representation of Scheduled Castes and Scheduled Tribes in
Parliamentary and Assembly Constituencies Ordinance, 2013 (Ord. 2 of2013) as published in
Gazette ofIndta, Extraordiniuy, Part II, Section 1; dated the 30th JanUiuy, 2013 (Issue No. 7):-
1. At page I, in the long titie,for "the inclusion", read "inclusion".
2. At page 2, in line 9,for "Sheduled", read "Scheduled".
3. At page 3,-
(i) in line 31,for "disolution", read "dissolution";
(ii) in line 37,for "ommission", read "omission";
(iii) in line 40,for "expendient", read "expedient".

CORRIGENDA
The Criminal Law (Amendment) Ordinance, 2013 (Ord. 3 of2013) as published in the
Gazette ofIndia, Extraordiniuy, Part II, Section I, dated the 3rd FebTUiuy, 2013 (Issue No. 8):-
1. At page 11, in line 30,for "proviso", read "provisos".
2. At page 15, in column 3 against section 354C, in line 38,for "year", read "years".
3. At page 16, in line l,for "sections", read "section".

PRINTED BY TIlE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINTO ROAD. NEW DELHI
AND PUBLISHED BY CONTROLLER OF PUBLICATIONS. DELHI-2013
GMGIPMRND-08GI(S4)-02-Q4..2013.