10. In the Code of Criminal Procedure, 1973 (hereafter in this Chapter referred to as the
Code of Criminal Procedure), in section 26, in clause (a), in the proviso, for the words, figures
and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and
letters "section 376A, section 376AB, section 376B, section 376C, section 376D,
section 376DA, section 376DB" shall be substituted.
11. In section 154 of the Code of Criminal Procedure, in sub-section (1),—
(i) in the first proviso, for the words, figures and letters "section 376A,
section 376B, section 376C, section 376D", the words, figures and letters
"section 376A, section 376AB, section 376B, section 376C, section 376D,
section 376DA, section 376DB," shall be substituted;
(ii) in the second proviso, in clause (a), for the words, figures and letters
"section 376A, section 376B, section 376C, section 376D", the words, figures and
letters "section 376A, section 376AB, section 376B, section 376C, section 376D,
section 376DA, section 376DB," shall be substituted.
12. In section 161 of the Code of Criminal Procedure, in sub-section (3), in the second
proviso, for the words, figures and letters "section 376A, section 376B, section 376C,
section 376D", the words, figures and letters "section 376A, section 376AB, section 376B,
section 376C, section 376D, section 376DA, section 376DB" shall be substituted.
13. In section 164 of the Code of Criminal Procedure, in sub-section (5A), in clause (a),
for the words, figures and letters "section 376A, section 376B, section 376C, section 376D",
the words, figures and letters "section 376A, section 376AB, section 376B, section 376C,
section 376D, section 376DA, section 376DB" shall be substituted.
Punishment
for gang rape
on woman
under twelve
years of age.
Amendment of
section 376E.
Amendment of
section 146.
Amendment of
section 26.
Amendment of
section 154.
2 of 1974.
1 of 1872.
Amendment of
section 161.
Amendment of
section 164.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
14. In section 173 of the Code of Criminal Procedure,—
(i) in sub-section (1A), for the words "rape of a child may be completed within
three months", the words, figures and letters "an offence under sections 376, 376A,
376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code shall be
completed within two months" shall be substituted;
(ii) in sub-section (2), in clause (i), in sub-clause (h), for the word, figures and
letters "section 376, 376A, 376B, 376C, 376D", the word, figures and letters "sections
376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB" shall be substituted.
15. In section 197 of the Code of Criminal Procedure, in sub-section (1), in the
Explanation, for the words, figures and letters "section 376A, section 376C, section 376D",
the words, figures and letters "section 376A, section 376AB, section 376C, section 376D,
section 376DA, section 376DB" shall be substituted.
16. In section 309 of the Code of Criminal Procedure, in sub-section (1), in the proviso,
for the words, figures and letters "section 376A, section 376B, section 376C or section 376D
of the Indian Penal Code, the inquiry or trial shall, as far as possible,", the words, figures and
letters "section 376A, section 376AB, section 376B, section 376C, section 376D,
section 376DA or section 376DB of the Indian Penal Code, the inquiry or trial shall" shall be
substituted.
17. In section 327 of the Code of Criminal Procedure, in sub-section (2), for the words,
figures and letters "section 376A, section 376B, section 376C, section 376D", the words,
figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D,
section 376DA, section 376DB" shall be substituted.
18. In section 357B of the Code of Criminal Procedure, for the words, figures and letters
"under section 326A or section 376D of the Indian Penal Code", the words, figures and
letters "under section 326A, section 376AB, section 376D, section 376DA and section 376DB
of the Indian Penal Code" shall be substituted.
19. In section 357C of the Code of Criminal Procedure, for the figures and letters
"376A, 376B, 376C, 376D", the figures and letters "376A, 376AB, 376B, 376C, 376D, 376DA,
376DB" shall be substituted.
20. In section 374 of the Code of Criminal Procedure, after sub-section (3), the following
sub-section shall be inserted, namely:—
"(4) When an appeal has been filed against a sentence passed under
section 376, section 376A, section 376AB, section 376B, section 376C, section 376D,
section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal
shall be disposed of within a period of six months from the date of filing of such appeal.".
21. In section 377 of the Code of Criminal Procedure, after sub-section (3), the following
sub-section shall be inserted, namely:—
"(4) When an appeal has been filed against a sentence passed under
section 376, section 376A, section 376AB, section 376B, section 376C, section 376D,
section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal
shall be disposed of within a period of six months from the date of filing of such appeal.".
22. In section 438 of the Code of Criminal Procedure, after sub-section (3), the following
sub-section shall be inserted, namely:—
"(4) Nothing in this section shall apply to any case involving the arrest of any
person on accusation of having committed an offence under sub-section (3) of
section 376 or section 376AB or section 376DA or section 376DB of the Indian
Penal Code.".
Amendment of
section 173.
Amendment of
section 197.
Amendment of
section 309.
Amendment of
section 327.
45 of 1860.
45 of 1860.
Amendment of
section 357B.
Amendment of
section 357C.
Amendment of
section 374.
Amendment of
section 377.
45 of 1860.
45 of 1860.
45 of 1860.
Amendment of
section 438.
45 of 1860.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
23. In section 439 of the Code of Criminal Procedure,—
(a) in sub-section (1), after the first proviso, the following proviso shall be
inserted, namely: —
"Provided further that the High Court or the Court of Session shall, before
granting bail to a person who is accused of an offence triable under sub-section (3)
of section 376 or section 376AB or section 376DA or section 376DB of the
Indian Penal Code, give notice of the application for bail to the Public Prosecutor
within a period of fifteen days from the date of receipt of the notice of such
application.";
(b) after sub-section (1), the following sub-section shall be inserted, namely:—
"(1A) The presence of the informant or any person authorised by him shall
be obligatory at the time of hearing of the application for bail to the person under
sub-section (3) of section 376 or section 376AB or section 376DA or
section 376DB of the Indian Penal Code.".
24. In the First Schedule to the Code of Criminal Procedure, under the heading "I.—
OFFENCES UNDER THE INDIAN PENAL CODE", —
(a) for the entries relating to section 376, the following entries shall be substituted,
namely:—
Section Offence Punishment Cognizable or Bailable or By what
Non-congnizable Non-bailable Court triable
12 3 4 5 6
"376 Rape. Rigorous imprisonment Cognizable Non-bailable Court of
of not less than 10 years Session.
but which may extend
to imprisonment for life
and with fine.
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.
Amendment of
section 439.
45 of 1860.
Amendment of
First Schedule.
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.
Cognizable Non-bailable Court of
Session.
45 of 1860.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
12 3 4 5 6
Persons
committing
offence of rape
on a woman
under sixteen
years of age.
(b) after the entries relating to section 376A, the following entries shall be
inserted, namely:—
12 3 4 5 6
"376AB Person committing Rigorous imprisonment Cognizable Non-bailable Court of
an offence of rape of not less than 20 years Session.";
on a woman but which may extend
under twelve to imprisonment
years of age. for life which
shall mean
imprisonment
for the remainder
of that person's
natural life and
with fine or
with death.
(c) after the entries relating to section 376D, the following entries shall be inserted,
namely:—
12 3 4 5 6
"376DA Gang rape on a Imprisonment Cognizable Non-bailable Court of
woman under sixteen for life which shall Session.
years of age. mean imprisonment for
the remainder of that
person's natural life
and with fine.
376DB Gang rape on Imprisonment for Cognizable Non-bailable Court of
woman under life which shall Session.".
twelve mean imprisonment
years of age. for the remainder of
that person's natural
life and with fine or
with death.