2. In the Indian Penal Code (hereafter in this Chapter referred to as the Penal Code),
in section 100, after clause Sixthly, the following clause shall be inserted, namely:-
"Seventhly.-An act ofthrowing 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 ofsuch act.".
Short title and
commencement.
Amendment
of section
100.
2 THE GAZETTE OF INDIAEXTRAORDINARY [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
disobeying
direction
under law.
Punishment
for nontreatment of
victim.
Amendment of
section 228A.
Insertion of
new sections
326A and
3268.
Voluntarily
causing
grievous hurt
by use of
acid, etc.
Voluntarily
throwing or
attempting to
throw acid.
"166A. Whoever, being a public servant,-
(a) knowingly disobeys any direction of the law which prohibits him
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
ofthe 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 orsection 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.
166B. Whoever, being in charge ofa hospital, public or private, whether run by
the Central Government, the State Government, local bodies or any other person,
contravenes the provisions ofsection 357C ofthe Code ofCriminal 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.".
4. In section 228A ofthe Penal Code, in sub-section (1), for the words, figures and
letters "offence under section 376, section 376A, section 376B, section 376C or section
3760", the words, figures and letters "offence undersection 376, section 376A, section 376B,
section 376C, section 3760 or section 376E" shall be substituted.
5. After section 326 of the Penal Code, the following sections shall be inserted,
namely:-
'326A. Whoever causes permanent or partial damage or deformity to, or burns or
maims or disfigures or disables, any part or parts ofthe body of a person or causes
grievous hurt by throwing acid on or by administering acid to that person, or by using
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 thatsuch 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.
. 326B. Whoever throws or attempts to throw acid on any person or attempts to
administer acid to any person, or attempts to use any other means, with the intention
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 GAZETTEOF lNDIAEXTRAORDINARY 3
6. In section 354 ofthe PenalCode, for the words "shall be punished with imprisonment
ofeither description for a tenn which may extend to two years, or with fine, or with both", the
words "shall be punished with imprisonment ofeither description for a tenn which shall not
be lessthan one year but which may extend to five years, and shall also be liable to fme" shall
be substituted.
7. Aftersection 354 ofthe PenalCode, the following sectionsshall be inserted, namely:-
'354A. (1) Aman committing any ofthe following acts-
(i) physical contact and advances involving unwelcome and explicitsexual
overtures; or
(il) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(tv) making sexually coloured remarks,
shall be guilty ofthe offence ofsexual 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 commitsthe offence specified in clause (tv) ofsub-section (1)
shall be punishedwith 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
act with the intention of disrobing or compelling her to be naked, shall be punished
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 fme.
354C. Any man who watches, or captures the image ofa woman engaging in a
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 ofthe
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.-Forthe 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 ofthe 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 manwho-
(I) follows a woman and contacts, or attempts. to contact such woman to
foster personal interaction repeatedly despite a clearindication ofdisinterest by
such woman; or
Amendment
of section
354.
Insertion of
new sections
354A,354B,
354C and
354D.
Sexual
harassment
and
punishment
for sexual
harassment.
Assault or use
of criminal
fQrce to
woman with
intent to
disrobe.
Voyeurism.
Stalking.
4 THE GAZETTE OF INDIAEXTRAORDINARY [PARI'11-
Substitution of
new sections
370 and 370A
for section
370.
Trafficking of
person.
(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) inthe particular circumstances suchconductwasreasonable 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.'.
8. For section 370 of the Penal Code, the following sections shall be substituted,
namely:-
'370. (I) Whoever, for the purpose of exploitation, (a) recruits, (b) transports,
(c) harbours, (d) transfers, or (e) receives, a person or persons, byFirst.-- 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 ofpower, or
Sixthly.- by inducement, including the giving or receiving ofpayments
or benefits, in order to achieve the consent ofany person having control over
the person recruited, transported, harboured, transferred or received,
commitsthe offence oftrafficking.
Explanation 1.-The expression "exploitation" shall include any act ofphysical
exploitation or any form ofsexual exploitation, slavery or practices similarto slavery,
servitude, or the forced removal oforgans.
Explanation 2.-The consent ofthe victim is immaterial in determination ofthe
offence oftrafficking.
(2) Whoever commitsthe 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 ofmore 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 imprisonmentfor a term which shall not be lessthan ten years, but which
may extend to imprisonment for life, and shall also be liable to fine.
(5) Where the offence involvesthe trafficking ofmore than one minor, itshall be
punishable with rigorous imprisonmentfor 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 INDIAEXTRAORDINARY 5
(6) If a person is convicted ofthe 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 officershall be punished with imprisonment
for life, which shall mean imprisonment for the remainderofthat person's natural life,
and shall also be liable to fme.
370A. (/) Whoever, knowingly or having reason to believe that a minor has
been trafficked, engages such minor for sexual exploitation in any manner, shall be
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 anymanner, 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. Forsections 375, 376, 376A, 376B, 376Cand 376D ofthe Penal Code, the following
sections shall be substituted, namely:-
'375. Aman is said to commit "rape" ifhe-
(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 ofthe 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 ofthe 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 ofdeath 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 herselfto 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 ofthat to which she
gives consent.
Exploitation
of a trafficked
person.
Substitution of
new sections
for sections
375, 376,
376A,3768,
376C and
376D.
Rape.
6 THE GAZETIE OF INDIAEXTRAORDINARY [PART IIPunishment
for rape.
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 orsexual acts by aman with his own wife, the
wife not being under fifteen years of age, is not rape.'.
376. (1) Whoever, except in the cases provided for in sub-section (2), commits
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, commitsrape-
(I) within the limits ofthe police stationto 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 amember 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 forthe 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, commitsrape 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) commitsrape during communal orsectarian 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 INDIAEXTRAORDINARY 7
5 of 1861.
(j) commitsrape, 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) commitsrape on awoman suffering from mental orphysical disability; or
(m) while committing rape causes grievous bodily harm or maims or
disfigures or endangers the life of a woman; or
(n) commitsrape repeatedly on the same woman,
shall be punished with rigorous imprisonment for a term which shall not be less than
ten years, butwhich may extend to imprisonmentfor life, which shall mean imprisonment
for the remainder ofthat 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 forcesthat are under
the control ofthe Central Government or the State Government;
(b) "hospital" meansthe precincts ofthe hospital and includesthe 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
expression "police" underthe PoliceAct, 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 subsection (2) ofsection 376 and in the course ofsuch commission inflicts an injury which
causes the death ofthe woman or causes the woman to be in a persistent vegetative
state, shall be punished with rigorous imprisonment for a term which shall not be less
than twenty years, but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder ofthat person's natural life, or with death.
376B. \\-'hoover hassexual intercourse with his own wife, who is living separately,
whether under a decree of separation or otherwise, without her consent, shall
be punished with imprisonment ofeithet description for a term which shall not be less
than two years but which may extend to seven years, and shall also be liable to fme.
Explanation.-In this section, "sexual intercourse" shall mean any ofthe acts
mentioned in clauses (a) to (d) ofsection 375.
376C. Whoever, being-
(a) in a position ofauthority or in a fiduciary relationship; or
(b) a public servant; or
(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 awomen'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.
Punishment
for causing
death or
resulting in
persistent
vegetative
state of
victim.
Sexual
intercourse by
husband upon
his wife during
separation.
Sexual
intercourse by
a person in
authority.
8 THE GAZETTEOF INDIAEXTRAORDINARY [PARTllGang rape.
Punishment
for repeat
offenders.
Amendment
of section
509.
Explanation 1,-In this section, "sexual intercourse" shall mean any ofthe acts
mentioned in clauses (a) to (d) ofsection 375.
Explanation 2. -Forthe 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'sinstitution"
shall respectively have the same meaning as in Explanation to sub-section (2)
ofsection 376.
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 thatsuch fine shall bejust andreasonable to meet the medical expenses
and rehabilitation ofthe victim:
Provided further that any fine imposed under this section shall be paid to the
victim.
376E. Whoever has been previously convicted of an offence punishable under
section 376 or section 376A or section 3760 and is subsequently convicted of an
offence punishable under any ofthe said sectionsshall be punished with imprisonment
for life which shall mean imprisonment for the remainder ofthat person's natural life, or
with death.'.
10. In section 509 ofthe Penal Code, for the words "shall be punished with simple
imprisonment for a term which may extend to one year, or with fine, or with both", the words
"shall be punished with simple imprisonmentfor a term which may extend to three years, and
also with fme" shall be substituted.