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Criminal Law (Amendment) Act, 2013
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Criminal Law (Amendment) Act, 2013
An Act further to amend the Indian Penal Code, the Code of
Criminal Procedure, 1973 and the
Indian Evidence Act, 1872 and Protection of Children from Sexual
Offences Act, 2012
Citation Act No. 13 of 2013
Territorial extent Whole ofIndia except the State of Jammu and
Kashmir
Enacted by Parliament of India
Date enacted19 March 2013 (Lok Sabha)
21 March 2013 (Rajya Sabha)
Date assented to 2 April 2013
Date commenced 3 February 2013
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, 1973on laws related to
sexual offences.[1][2][3] The Bill received Presidential assent
on 2 April 2013 and deemed to came
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.[4][5]
Contents
1 Background
http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#mw-navigationhttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#p-searchhttp://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/Jammu_and_Kashmirhttp://en.wikipedia.org/wiki/Parliament_of_Indiahttp://en.wikipedia.org/wiki/List_of_Indian_federal_legislationhttp://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Indian_Penal_Codehttp://en.wikipedia.org/wiki/Indian_Evidence_Acthttp://en.wikipedia.org/wiki/Indian_Evidence_Acthttp://en.wikipedia.org/wiki/Indian_Evidence_Acthttp://en.wikipedia.org/wiki/Criminal_Procedure_Code,_1973_(India)http://en.wikipedia.org/wiki/Criminal_Procedure_Code,_1973_(India)http://en.wikipedia.org/wiki/Sex_and_the_lawhttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-1http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-2http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-3http://en.wikipedia.org/wiki/Ordinancehttp://en.wikipedia.org/wiki/President_of_Indiahttp://en.wikipedia.org/wiki/President_of_Indiahttp://en.wikipedia.org/wiki/Pranab_Mukherjeehttp://en.wikipedia.org/wiki/Pranab_Mukherjeehttp://en.wikipedia.org/wiki/2012_Delhi_gang_rape_casehttp://en.wikipedia.org/wiki/2012_Delhi_gang_rape_casehttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-4http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-4http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-5http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#Backgroundhttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#mw-navigationhttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#p-searchhttp://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/Jammu_and_Kashmirhttp://en.wikipedia.org/wiki/Parliament_of_Indiahttp://en.wikipedia.org/wiki/List_of_Indian_federal_legislationhttp://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Indian_Penal_Codehttp://en.wikipedia.org/wiki/Indian_Evidence_Acthttp://en.wikipedia.org/wiki/Criminal_Procedure_Code,_1973_(India)http://en.wikipedia.org/wiki/Sex_and_the_lawhttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-1http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-2http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-3http://en.wikipedia.org/wiki/Ordinancehttp://en.wikipedia.org/wiki/President_of_Indiahttp://en.wikipedia.org/wiki/President_of_Indiahttp://en.wikipedia.org/wiki/Pranab_Mukherjeehttp://en.wikipedia.org/wiki/2012_Delhi_gang_rape_casehttp://en.wikipedia.org/wiki/2012_Delhi_gang_rape_casehttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-4http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-5http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#Background
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2 The Criminal Law (Amendment) Ordinance, 2013
2.1 New offences
2.2 Changes in law
2.3 Criticisms
3 The Criminal Law (Amendment) Act, 2013
4 References 5 External links
Background
See also: 2012 Delhi gang rape case
On 16 December 2012 a femalephysiotherapyintern[6] was beaten
and gang raped in Delhi. She
died from her injuries thirteen days later, despite receiving
treatment in India and Singapore. The
incident generated international coverage and was condemned by
the United Nations Entity for
Gender Equality and the Empowerment of Women, who called on the
Government of India and the
Government of Delhi "to do everything in their power to take up
radical reforms, ensure justice andreach out with robust public
services to make womens lives more safe and secure".[7]Public
protests took place in Delhi, where thousands of protesters
clashed with security forces. Similar
protests took place in major cities throughout the country.
On 22 December 2012, a judicial committee headed byJ. S. Verma,
a formerChief Justice of India,
was appointed by the Central government to submit a report,
within 30 days, to suggest
amendments to criminal law to sternly deal with sexual assault
cases. The Committee submitted its
report after 29 days on 23 January 2013, after considering
80,000 suggestions received by them
during the period from public in general and particularly
eminent jurists, legal professionals, NGOs,
womens groups and civil society.[8][9] The report indicated that
failures on the part of the
Government and Police were the root cause behind crimes against
women. Major suggestions of the
report included the need to review AFSPAin conflict areas,
maximum punishment for rape as life
imprisonment and not death penalty, clear ambiguity over control
of Delhi Police etc.[10][11]
The Cabinet Ministers on 1 February 2013 approved for bringing
an ordinance, for giving effect to
the changes in law as suggested by the Verma Committee
Report.[12] According to former[13]
Minister of Law and Justice, Ashwani Kumar, 90 percent of the
suggestions given by the Verma
Committee Report has been incorporated into the
Ordinance.[14]The ordinance was subsequently
replaced by a Bill with numerous changes, which was passed by
theLok Sabhaon 19 March 2013.
[15]
The Criminal Law (Amendment) Ordinance, 2013
New offences
This new Act has expressly recognised certain acts as offences
which were dealt under related laws.
These new offences like, acid attack, sexual harassment,
voyeurism, stalking have been
incorporated into the Indian Penal Code:
Section Offence Punishment Notes
326A Acid attack
Imprisonment not less than ten
years but which may extend to
imprisonment for life and withfine which shall be just and
reasonable to meet the medical
Gender neutral
http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#The_Criminal_Law_.28Amendment.29_Ordinance.2C_2013http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#New_offenceshttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#Changes_in_lawhttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#Criticismshttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#The_Criminal_Law_.28Amendment.29_Act.2C_2013http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#Referenceshttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#External_linkshttp://en.wikipedia.org/wiki/2012_Delhi_gang_rape_casehttp://en.wikipedia.org/wiki/Physical_therapyhttp://en.wikipedia.org/wiki/Internshiphttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-6http://en.wikipedia.org/wiki/Gang_rapehttp://en.wikipedia.org/wiki/Delhihttp://en.wikipedia.org/wiki/UN_Womenhttp://en.wikipedia.org/wiki/UN_Womenhttp://en.wikipedia.org/wiki/Government_of_Indiahttp://en.wikipedia.org/wiki/Government_of_Delhihttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-7http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-7http://en.wikipedia.org/wiki/J._S._Vermahttp://en.wikipedia.org/wiki/J._S._Vermahttp://en.wikipedia.org/wiki/Chief_Justice_of_Indiahttp://en.wikipedia.org/wiki/Sexual_abusehttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-8http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-8http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-9http://en.wikipedia.org/wiki/Armed_Forces_(Special_Powers)_Act,_1958http://en.wikipedia.org/wiki/Armed_Forces_(Special_Powers)_Act,_1958http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-VermaCommittee_22Jan2013-10http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-VermaCommitteeHighlights_23Jan2013-11http://en.wikipedia.org/wiki/Cabinet_of_Indiahttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-12http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-13http://en.wikipedia.org/wiki/Ashwani_Kumarhttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-14http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-14http://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-15http://en.wikipedia.org/wiki/Acid_attackhttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#The_Criminal_Law_.28Amendment.29_Ordinance.2C_2013http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#New_offenceshttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#Changes_in_lawhttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#Criticismshttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#The_Criminal_Law_.28Amendment.29_Act.2C_2013http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#Referenceshttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#External_linkshttp://en.wikipedia.org/wiki/2012_Delhi_gang_rape_casehttp://en.wikipedia.org/wiki/Physical_therapyhttp://en.wikipedia.org/wiki/Internshiphttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-6http://en.wikipedia.org/wiki/Gang_rapehttp://en.wikipedia.org/wiki/Delhihttp://en.wikipedia.org/wiki/UN_Womenhttp://en.wikipedia.org/wiki/UN_Womenhttp://en.wikipedia.org/wiki/Government_of_Indiahttp://en.wikipedia.org/wiki/Government_of_Delhihttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-7http://en.wikipedia.org/wiki/J._S._Vermahttp://en.wikipedia.org/wiki/Chief_Justice_of_Indiahttp://en.wikipedia.org/wiki/Sexual_abusehttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-8http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-9http://en.wikipedia.org/wiki/Armed_Forces_(Special_Powers)_Act,_1958http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-VermaCommittee_22Jan2013-10http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-VermaCommitteeHighlights_23Jan2013-11http://en.wikipedia.org/wiki/Cabinet_of_Indiahttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-12http://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-13http://en.wikipedia.org/wiki/Ashwani_Kumarhttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-14http://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Criminal_Law_(Amendment)_Act,_2013#cite_note-15http://en.wikipedia.org/wiki/Acid_attack
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while in the Ordinance it was fine up to Rupees 10 lakhs.
Sexual
harassment
"Clause (v) any other unwelcome physical, verbal or non-verbal
conduct of sexual
nature" has been removed. Punishment for offence under clause
(i) and (ii) has been
reduced from five years of imprisonment to three years. The
offence is no longer
gender-neutral, only a man can commit the offence on a
woman.
VoyeurismThe offence is no longer gender-neutral, only a man can
commit the offence on a
woman.
Stalking
The offence is no longer gender-neutral, only a man can commit
the offence on a
woman. The definition has been reworded and broken down into
clauses, The
exclusion clause and the following sentence has been removed "or
watches or spies
on a person in a manner that results in a fear of violence or
serious alarm or distress in
the mind of such person, or interferes with the mental peace of
such person, commits
the offence of stalking". Punishment for the offence has been
changed; A man
committing the offence of stalking would be liable for
imprisonment up to three years
for the first offence, and shall also be liable to fine and for
any subsequent conviction
would be liable for imprisonment up to five years and with
fine.
Traffickingof person
"Prostitution" has been removed from the explanation clause
Rape
The wordsexual assaulthas been replaced back to rape. The
offence is no longer
gender-neutral, only a man can commit the offence on a woman.
The clause related to
touching of private parts has been removed.
Section 354 of IPC(Indian Penal Code)-Dhara-Dafa-
Assault or criminal force to woman with intent to outrage
her modestyWhoever assaults or uses criminal force to any woman,
intending to outrage or knowing it to be
likely that he will thereby outrage her modesty, shall be
punished with imprisonment of either
description for a term which may extend to two years, or with
fine, or with both.
CLASSIFICATION OF OFFENCE
PunishmentImprisonment for 2 years, or fine, or
bothCognizableBailableTriable by any
MagistrateNon-compoundable.
State Amendments
Andhra PradeshFor section 354, the following section shall be
substituted, namely
354. Assault or criminal force to woman with intent to outrage
her modesty.Whoever assaults or
uses criminal force to any woman intending to outrage or knowing
it to be likely that he will
thereby outrage her modesty, shall be punished with imprisonment
of either 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 fine:
Provided that the court may, for adequate and special reasons to
be mentioned in the judgment,
impose a sentence of imprisonment of either description for a
term which may be less than five
years but which shall not be less than two years.
[Vide Andhra Pradesh Act 6 of 1991].
Madhya Pradesh
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After section 354, the following new section shall be inserted,
namely
354A. Assault or use Criminal force to woman with intent to
disrobe her.Whoever assaults or
uses criminal force to any woman or abets or conspires to
assault or uses such criminal force to any
woman intending to outrage or knowing it to be likely that by
such assault, he will thereby outrage
or causes to be outraged the modesty of the woman by disrobing
or compel her to be naked on any
public place, shall be punished with imprisonment of either
description for a term which shall not
be less than one year but which may extend to ten years and
shall also be liable to fine..
[Vide Madhya Pradesh Act 14 of 2004, sec. 3 (w.e.f.
2-12-2004)].
Orissa
In the First Schedule to the Code of Criminal Procedure, 1973 in
the entry under column 5 relating
to section 354 of the Indian Penal Code 1860 for the word
bailable the word non-bailable shall
be substituted.
[Vide Orissa Act 6 of 1995, sec. 3 (w.e.f. 10-3-1995)].
Comments
Ingredients
What constitutes an outrage to female modesty is nowhere
defined. The essence of a womans
modesty is her sex. The culpable intention of the accused is the
crux of the matter. The reaction of
the woman is very relevant, but its absence is not always
decisive. Modesty in this section is an
attribute associated with female human beings as a class. It is
a virtue which attaches to a female
owing to her sex. The act of pulling a woman, removing her
saree, coupled with a request for sexual
intercourse, is such as would be an outrage to the modesty of a
woman; and knowledge, that
modesty is likely to be outraged, is sufficient to constitute
the offence without any deliberate
intention having such outrage alone for its object. As indicated
above, the word modesty is not
defined in I.P.C.; Raju Pandurang Mahale v. State of
Maharashtra, AIR 2004 SC 1677.
Meaning and definitions of the terms used in the section
description and classification of
Indian Laws:
Cognizable offences : As defined in first schedule of Code of
Criminal Procedure, a cognizable
offence is a criminal offence in which the police is empowered
to register an FIR, investigate, and
arrest an accused without a court issued warrant.
Non-Cognizable offence : A non-cognizable offence is an offence
in which police can neither
register an FIR, investigate, nor effect arrest without the
express permission or directions from the
court.
Compoundable offence : Compoundable offence is permitted to
settle before the court.
Non-compoundable : Non-compoundable is not permitted to settle
before the court.
