·
Introduction
The Criminal Law (Amendment) Act,
2013 is an Indian legislation passed by the Lok Sabha on 19 March
2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment
of Indian
Penal Code,Indian Evidence Act, and Code of Criminal Procedure, 1973 on
laws related to sexual
offences. The Bill received Presidential
assent on 2 April 2013 and deemed to come into force from 3 February 2013. It
was originally an Ordinance promulgated by the President
of India, Pranab Mukherjee, on 3
February 2013, in light of the protests in the 2012 Delhi gang rape case.
·
Backdrop
Against the back drop of nationwide
outrage over the tragic Delhi gang-rape case of Nirbhaya, incident of 16
December 2012, propelled the Government of India to drive the issue of violence
against women to a centre stage. Hence, a three member judicial committee was
set up headed by the former Chief Justice of India J.S. Verma, the key
objective of the committee was to review for possible amendments to the
criminal law and suggest measures for faster trials and harsher penalties. The
recommendations by the committee were based on more 80,000 suggestions by
eminent jurists, social activists, legal professionals, NGO’s, through varied
methods.
The Criminal Amendment Act, 2013 is
also popularly known as the Anti-rape Act, it amends the following:
·
The Indian Penal Code, 1806
·
Code of Criminal Procedure, 1973
·
The Indian Evidence Act, 1872
·
Protection of Children from sexual
offences Act, 2012
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Section
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Offence/ Issue
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Definition
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Criminal Amendment Act, 2013
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INDIAN PENAL CODE
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Insertion of Section 166A of IPC
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Disobedience of law by public
servant
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Failure to record information in
sexual offences cases; knowingly disobeys laws in investigation
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Punishable with rigorous
imprisonment for 6 months to 2 years and liable to fine.
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Insertion of Sections 326 A and B
of IPC
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Acid Attack
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Throwing of acid attack on woman
for a multitude of reasons, including alleged adultery, turning down advances
from a man, also as domestic violence. Causes partial or permanent deformity
or burns on any person.
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Specific Offence under the act,
Punishable with 10 years Imprisonment extendable to life imprisonment or fine
or both.The fine amount should be sufficient for the medical expenses of the
victim.
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Insertion of Section 354 A of IPC
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Sexual harassment and punishment
for the same
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Any physical contact, advances
involving unwelcoming and sexual behaviors, demand of sexual favour, showing
pornography against will, any sexually coloured remark[1].
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Punishment for the offences
mentioned except for sexually coloured remarks are punishable with
imprisonment of a term extending upto 3 years, fine or both In case of
sexually coloured remarks the punishment can extend up to an imprisonment of
1 year, fine or both.
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Insertion of Section 354B of IPC
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Compelling a woman to remove her
clothes
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Compelling a woman to remove her
clothes and be naked also if she has agreed to it voluntarily, video graphing
the same and making it available to third person without her consent is an
offence
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Punishable with imprisonment 3 to 7
years
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Insertion of Section 354C of IPC
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Voyeurism
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Watching a woman when she is
engaged in a private act including sexual acts, like use of lavatory, or when
private parts are exposed.
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Specific offence Only protects
women First time the offence is punishable with 1 to 3 years imprisonment and
fine.Second time is punishable with 3 to 7 years.
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Insertion of Section 354 D of IPC
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Stalking
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Following a woman, attempting to
foster personal interaction despite indication of victim’s disinterest,
spying, monitoring electronic communication
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Specific Offence Only against a
woman First time punishable with 1 to 3 years imprisonment. (Bailable)Second
offence is punishable with up to 5 years. (Non- Bailable)
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Age of Consent
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Legal age of Consent at which a
person is considered competent to give consent for sexual intercourse
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Has been increased from 16 years to
18 years
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Substituted Section 375 of
IPC
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Rape
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Has included more actions under the
purview of rape such unconsented penetration of mouth, urethra, vagina, anus
with penis or other objects, and unconsented application of mouth to vagina,
urethra and anus.
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Rigorous imprisonment of 7 years
extendable to life imprisonment.Marital Rape has not been included as an
offence if the wife is 15 years and above.
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Insertion 376 (2)(c) of IPC
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Rape by personnel of armed forces
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Armed forces includes naval,
military, and air forces, paramilitary forces, auxiliary forces that are
under the control of central or state government.
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Specific Punishment punishable with
RI for a description which shall not be less than 7 years or may extend to
Life Imprisonment.
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Insertion 376 A of IPC
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Rape resulting in death or
vegetative state
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Causing death or persistent
vegetative state when committing rape.
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Punishable with RI for 6 months to
2 years and fine
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Insertion Section 376 D of IPC
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Gang Rape
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Where a person is raped by one or
more persons in a group acting in furtherance of a common intention, each of
these persons shall be deemed to have committed the offence of gang rape,
regardless their gender
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Imprisonment upto 20 years
extendable to RI Life Imprisonment. And fine that meets the medical expenses
of the victim.
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Section 376 E of IPC
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Repeat of offences.
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Repeat of these offences under
Section 376, 376 A and 376 D
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Punishable with Life imprisonment
or death.
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CODE OF CRIMINAL PROCEDURE, 1973
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Amendment Section 197 of Code of
Criminal Procedure
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Explanation added
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No sanction required in case of a
public servant accused of an offence alleged to have been under 166A, 166 B,
354, 354 A, 354 B, 354 C, 354 D, 370, 375, 376, 376A, 376 D or Section 509 of
IPC
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Amendment of Section 309 of Code of
Criminal Procedure.
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Trial to be held on day-to-day
basis. In case of rape cases, trial to be completed within 2 months of
filling of charge sheet
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Insertion of Section 357 C of Code
of Criminal Procedure.
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All hospitals whether private or
public or run by any other person to provide free medical aid to the victim
of offences covered under Section 376 A-E
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INDIAN EVIDENCE ACT, 1872
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Section 53 A
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Evidence of character or previous
sexual experience
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Is not relevant. Bars the use of
sexual history in determining the consent of the woman. Bars cross
examination as the general immoral character of the victim.
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Section 114A
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Resumption as to Consent
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Shifts the onus on accused, also if
the victim states in the court that she did not give consent the court will
presume the same.
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Section 119
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Special Provisions for evidence of
differently abled persons
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Court to use the assistance of
interpreters to take evidence of differently abled persons. Such evidence to
be considered evidence when given in open court. Statement to be video
recorded
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Source:
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