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 ofthe Indian
Penal Code", the words, figures and letters "offence under section 376, section 376A, 45 of 1860.
section 376B, section 376C, section 3760 orsection 376E ofthe Indian Penal Code" shall
be substituted.
Amendment
of section
54A.
12. In section 54A ofthe Code ofCriminal Procedure, the following provisos shall be
inserted, namely:-
"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 INDIAEXTRAORDINARY 9
45 of 1860.
45 of 1860.
45 of 1860.
45 of 1860.
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
provisos shall be inserted, namely:-
"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
3760, section 376E or section 509 ofthe 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 thatea) in the event that the person against whom an offence undersection 354,
section 354A,section354B,section 354C,section 354D,section 376,section 376A,
section 376B,section 376C,section 376D, section 376Eorsection 509 ofthe Indian
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 ofsuch person's choice, in the presence of an
interpreter or a special educator, as the case may be;
(b) the recording ofsuch information shall be videographed;
(c) the police officer shall get the statement of the person recorded by a
Judicial Magistrate under clause (a) ofsub-section (5A) ofsection 164 as soon
as possible.".
14. In section 160 ofthe Code ofCriminalProcedure, in sub-section (1), in the proviso,
for the words "underthe age offifteen years or woman", the words "underthe age offifteen
years or above the age ofsixty-five years or a woman or a mentally or physically disabled
person" shall be substituted.
15. In section 161 ofthe Code of Criminal Procedure, in sub-section (3), after the
proviso, the following proviso shall be inserted, namely:-
"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 376Eorsection 509 of
the Indian PenalCode 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, aftersub-section (5), the following
sub-section shall be inserted, namely:-
"(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 376Eorsection 509 ofthe
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 ofthe 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.
Amendment
of section
154.
Amendment
of section
160.
Amendment
of section
161.
Amendment
of section
164.
10 THE GAZETTE OF INOIAEXTRAORDINARY [pARfIIAmendment
of section
173.
Amendment
of section
197.
Insertion of
new section
198B.
Cognizance of
offence.
Amendment
of section
273.
Amendment
of section
309.
Amendment
of section
327.
Insertion of
new sections
357B and 357C.
Compensation
to be in addition
to fine under
section 326A or
section 376D of
Indian Penal
Code.
Treatment of
victims.
(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 IndianEvidenceAct, 1872 such
that the maker ofthe statement can be cross-examined on such statement, without the
need for recording the same at the time oftrial.".
17. In section 173 ofthe Code ofCriminal Procedure, in sub-section (2), in sub-elause (h)
of clause (I), for the words, figures and letter "or 3760 ofthe Indian Penal Code", the words,
figures and letters" 3760 orsection 376E ofthe Indian Penal Code" shall be substituted.
18. In section 197 ofthe Code ofCriminal Procedure, aftersub-section (1), the following
Explanation shall be inserted, namely:-
"Explanation.-Forthe 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 orsection 509 ofthe Indian Penal Code.".
19. After section 198Aofthe Code ofCriminal Procedure, the following section shall
be inserted, namely:-
"198B. No Court shall take cognizance of an offence punishable under
section 376B ofthe Indian Penal Code where the persons are in a marital relationship,
except uponprimafacie satisfaction ofthe facts which constitute the offence upon a
complaint having been filed or made by the wife against the husband.".
20. In section 273 of the Code of Criminal Procedure, before the Explanation, the
following proviso shall be inserted, namely:-
"Providedthatwhere the evidence ofawoman below the age ofeighteenyearswho
is alleged to have been subjected to rape or any othersexual offence, isto 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.".
21. In section 309 ofthe Code ofCriminal Procedure, for sub-section (1), the following
sub-section shall be substituted, namely:-
"(1) In every inquiry ortrialthe proceedingsshall be continued from day-to-dayuntil
allthe witnesses in attendance have been examined, unlesstheCourtfindsthe adjournment
ofthe 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 orsection 3760 ofthe IndianPenalCode, the
inquiry ortrialshall, as far as possible be completedwithin a period oftwo months from
the date offiling ofthe charge sheet.".
22. In section 327 ofthe Code ofCriminal Procedure, in sub-section (2), for the words,
figures and letter "or section 3760 ofthe Indian Penal Code", the words, figures and letters
"section 3760 or section 376E ofthe Indian Penal Code" shall be substituted.
23. Aftersection 357Aofthe Code ofCriminal Procedure, the following sections shall
be inserted, namely:-
"357B. The compensation payable by the State Government undersection 357A
shall be in addition to the payment of fme to the victim under section 326A or
section 3760 ofthe Indian Penal Code.
357C. All hospitals, public or private, whether run by the Central Government,
the State Government, local bodies or any other person, shall immediately, provide the
frrst-aid ormedical treatment, free ofcost, to the victims ofany offence covered under
section 326A, 376, 376A, 376B, 376C, 3760 orsection 376Eofthe Indian PenalCode,
and shall immediately inform the police ofsuch incident.".
1 of 1872.
45 of 1860.
45 of 1860.
45 of 1860.
45 of 1860.
45 of 1860.
45 of 1860.
45 of 1860.
SEC. 1] THE GAZETTE OF INDIAEXTRAORDINARY 11
45 of 1860.
24. In the First Schedule to the Code of Criminal Procedure, under the heading
"I.-QFFENCESUNDERTHEINDIANPENALCODE",-
(a) afterthe entriesrelating 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) afterthe entriesrelating to section 326, the following entriesshall be inserted,
namely:-
2 3 4 5 6
Amendment
of First
Schedule.
"326A
326B
Voluntarily
causing
grievous hurt
by use of
acid, etc.
Voluntarily
throwing or
attempting to
throw acid.
Imprisonment for Cognizable
not less than 10
years but which
may extend to
imprisonment for
life and fine to be
paid to the victim.
Imprisonment for Cognizable
5 years but which
may extend to 7
years and with fme.
Non-bailable
Nonbailable
Court of Session.
Court of
Session.";
(c) forthe entriesrelating to section 354, the following entriesshall be substituted,
namely:-
2 3 4 5 6
Cognizable Bailable
"354
354A
Assault or use
of criminal
force to woman
with intent to
outrage her
modesty.
Sexual
harassment of
the nature of
unwelcome
physical contact
and advances or
a demand or
request for sexual
favours, showing
pornography.
Sexual
harassment of
the nature of
making sexually
coloured remark.
Imprisonment of Cognizable
I year which may
extend to 5 years,
and with fine.
Imprisonment
which may extend
to 3 years or with
fine or with both.
Imprisonment Cognizable
which may extend
to I year or with
fine or with both.
Nonbailable
Bailable
Any Magistrate.
Any Magistrate.
Any Magistrate.
12 THE GAZETTE OF INDIA EXTRAORDINARY [pAKfII2 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 entriesshall 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 GAZETTEOF INDIAEXTRAORDINARY 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
Cognizable
"376 Rape.
Rape
by a police officer
or a public servant
or member of
armed forces or
a person being on
the management
or on the staff
of a jail, remand
home or other
place of custody
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.
Rigorous Cognizable
imprisonment of
not less than
7 years but which
may extend to
imprisonment
for life and with
fine.
Rigorous
imprisonment of
not less than
10 years but
which may extend
to imprisonment
for life which
shall mean the
remainder of that
person's natural
life and with fine.
Non-bailable
Non-bailable
Court of Session.
Court of Session.
14 THE GAZETTEOF INDIAEXTRAORDINARY [pARTII2 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 GAZETTEOF INDIA EXTRAORDINARY 15
I of 1872.
45 of 1860.
45 of 1860.
45 of 1860.
45 of 1860.
(j) inentryrelating to :;ection 509, in colwnn 3, forthe 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.