Criminal Law (Amendment) Ordinance, 2013
Following is the text of Criminal Law (Amendment) Ordinance, 2013 promulgated by the President on February 3, 2013.
THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2013
Promulgated by the President in the Sixty-fourth Year of the Republic of India.
|An Ordinance further to amend the Indian Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872.|
|WHEREAS a Bill further to amend the Indian Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 was introduced in the House of the People and referred to the Department related Parliamentary Standing Committee on Home Affairs for examination and report which is pending;|
|AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action to give effect to the provisions of the said Bill with certain modifications;|
|NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:––|
|1. (1) This Ordinance may be called the Criminal Law (Amendment) Ordinance, 2013.||Short title and commencement.|
|(2) It shall come into force at once.|
AMENDMENTS TO THE INDIAN PENAL CODE
|Amendment of section 100.||2. In the Indian Penal Code (hereafter in this Chapter referred to as the Penal Code), in section 100, in the clause Secondly, after the words “grievous hurt”, the words “including the offence of grievous hurt punishable under section 326A” shall be inserted.||45 of 1860.|
|Insertion of new section 166A.||3. After section 166 of the Penal Code, the following section shall be inserted, namely:––|
|Public servant disobeying direction under law.
|“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 of any person, any other direction of the 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 of the Code of Criminal Procedure, 1973 and in particular in relation to cognizable offence punishable under section 354, section 354A, section 354B, section 354C, sub-section (2) of section 354D, section 376, section 376A, section 376B, section 376C, section 376D or section 376E,
shall be punished with imprisonment for a term which may extend to one year or with fine or with both.”.
2 of 1974.
|Insertion of new sections 326A and 326B.||4. After section 326 of the Penal Code, the following sections shall be inserted, namely:––|
|Voluntarily causing grievous hurt by use of acid, etc.||‘326A. Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the 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 of causing 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 fine which may extend to ten lakh rupees:
Provided that any fine imposed under this section shall be given to the person on whom acid was thrown or to whom acid was administered.
|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 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.
Explanation 1.–– For the purposes 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.–– “Permanent or partial damage” includes deformity, or maiming, or burning, or disfiguring, or disabling any part or parts of the body of a person.
Explanation 3.–– For the purposes of section 326A and this section, permanent or partial damage or deformity shall not be required to be irreversible.’.
|Voluntarily throwing or attempting to throw acid.|
|5. In section 354 of the Penal Code, for the words “shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”, the words “shall be punished with imprisonment of either description for a term of one year which may extend to five years and shall also be liable to fine” shall be substituted.||Amendment of section 354.|
|6. After section 354 of the Penal Code, the following sections shall be inserted, namely:––||Insertion of new sections 354A, 354B, 354C and 354D.|
| ‘354A. (1) The following acts or behaviour shall constitute the offence of sexual harassment––
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) forcibly showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
(2) Any person who commits the offence specified in clause (i) or clause (ii) of sub-section (1) shall be punished with rigorous imprisonment which may extend to five years, or with fine, or with both.
(3) Any person who commits the offence specified in clause (iii) or clause (iv) or clause (v) of sub-section (1) shall be punishable with imprisonment of either description that may extend to one year, or with fine, or with both.
|Sexual harassment and punishment for sexual harassment.|
|Assault or use of criminal force to woman with intent to disrobe.
|354B. Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked in any public place, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years and with fine.|
|354C. Whoever watches, or captures the image of, a 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 of the perpetrator shall be punished on first conviction with imprisonment of either description for a term 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 conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.|
|Explanation 1.–– For the purposes of this 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, buttocks or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the person is doing a sexual act that is not of a kind ordinarily done in public.|
|Explanation 2.–– Where the victim consents to the capture of 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) Whoever follows a person and contacts, or attempts to contact such person to foster|