act 045 of 1860 : Criminal Law (Amendment) Ordinance, 2018 [Repealed]

Criminal Law (Amendment) Ordinance, 2018 [Repealed]

ACTNO. 45 OF 1860
04 September, 2019

2[Repealed by Act 22 of 2018]

An Ordinance further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012.

WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;

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:

Chapter I

PRELIMINARY

Section 1. Short title and commencement

(1) This Ordinance may be called the Criminal Law (Amendment) Ordinance, 2018.

(2) It shall come into force at once.

Chapter II

AMENDMENTS TO THE INDIAN PENAL CODE

Section 2. Amendment of Section 166-A

In the Indian Penal Code (hereafter in this Chapter referred to as the Penal Code), (45 of 1860) in Section 166-A, in clause (c), for the words, figures and letters section 376B, Section 376-C, Section 376-D, , the words, figures and letters section 376AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB, shall be substituted;

Section 3. Amendment of Section 228-A

In Section 228-A of the Penal Code, in sub-section (1), for the words, figures and letters section 376A, Section 376-B, Section 376-C, Section 37-GD , the words, figures and letters section 376A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB shall be substituted.

Section 4. Amendment of Section 376

In Section 376 of the Penal Code,

(a) in sub-section (1), for the words shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine , the words shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine shall be substituted;

(b) in sub-section (2), clause (i) shall be omitted;

(c) after sub-section (2), the following sub-section shall be inserted, namely:

(3) Whoever, commits rape on a woman under sixteen years of age 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 of that person's natural life, and shall also be liable to fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this sub-section shall be paid to the victim, .

Section 5. Insertion of new Section 376-AB

After Section 376-A of the Penal Code (45 of 1860), the following section shall be inserted, namely;

376AB. Punishment for rape on woman under twelve years of age. Whoever, commits rape on a woman under twelve years of age 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 skill mean imprisonment for the remainder of that person's natural life, and with fine or with death:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the victim. .

Section 6. Insertion of new Sections 376-DA and 376-DB

After Section 376-D of the Penal Code, the following sections shall be inserted, namely:

376DA. Punishment for gang rape on woman under sixteen years of age. Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.

376DB. Punishment for gang rape on woman under twelve years of age. Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, and with fine or with death;

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the victim. .

Chapter III

AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872

Section 7. Amendment to Section 53

In Section 53-A of the Indian Evidence Act, 1872 (1 of 1872)(hereafter in this Chapter referred to as the Evidence Act), for the words, figures and letters section 376A, Section 376-B, Section 376-C, Section 376-D , the words, figures and tetters section 376A, Section 376 AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB shall be substituted.

Section 8. Amendment to Section 146

In Section 146 of the Evidence Act, in the proviso, for the words, figures and letters section 376A, Section 376-B, Section 376-C, Section 376-D , the words, letters and figures section 376A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB shall be substituted.

Chapter IV

AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973

Section 9. Amendment of Section 26

In the Code of Criminal Procedure, 1973 (2 of 1974)(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 376-B, Section 376-C, Section 376-D , the words, figures and letters section 376A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB shall be substituted.

Section 10. Amendment of Section 154

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 376-B, Section 376-C, Section 376-D, , the words, figures and letters section 376A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB, shall be substituted;

(ii) in the second proviso, in clause (a), for the words, figures and letters section 376A, Section 376-B, Section 376-C, Section 376-D, , the words, figures and letters section 376A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB, shall be substituted.

Section 11. Amendment of Section 161

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 376-B, Section 376-C, Section 376-D, , the words, figures and letters section 376A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB, shall be substituted.

Section 12. Amendment of Section 164

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 376-B, Section 376-C, Section 376-D, , the words, figures and letters section 376A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB, shall be substituted.

Section 13. Amendment of Section 173

In Section 173 of the Code of Criminal Procedure,

(i) in sub-section (1A), for the words rape of a child may be completed with in three months , the words, figures and letters an offence under Sections 376, 376-A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB or Section 376-E of the Indian Penal Code (45 of 1860) shall be completed within two months shall be substituted;

(ii) in sub-section (2), in clause (i), in sub-clause (h), for the figures, letters and word 376-A, 376-B, 376-C, Section 376-D , the figures and letters 376-A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB shall be substituted,

Section 14. Amendment of Section 197

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 376-C, Section 376-D , the words, figures and letters section 376A, Section 376-AB, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB shall be substituted.

Section 15. Amendment to Section 309

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 376-B, Section 376-C or Section 376-D of the Indian Penal Code, the inquiry or trial shall, as far as possible , the words, figures and letters section 376A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA or Section 376-DB of the Indian Penal Code, the inquiry or trial shall shall be substituted.

Section 16. Amendment to Section 327

In Section 327 of the Code of Criminal Procedure, in sub-section (2), for the words, figures and letters section 376A, Section 376-B, Section 376-C, Section 376-D , the words, figures and letters section 376A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB shall be substituted.

Section 17. Amendment to Section 357-B

In Section 357-B of the Code of Criminal Procedure, for the words, Figure and letters under Section 326-A or section. 376D of the Indian Penal Code , the words, figures and letters under Section 326-A, Section 376-AB, Section 376-D, Section 376-DA and Section 376-DB of the Indian Penal Code (45 of 1860) shall be substituted.

Section 18. Amendment to Section 357-C

In Section 357-C of the Code of Criminal Procedure, for the figures and letters 376-A, 376-B, 376-C, 376-D , the figures and letters 376-A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB shall be substituted.

Section 19. Amendment of Section 374

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 376-A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB or Section 376-E of the Indian Penal Code (45 of 1860), the appeal shall be disposed of within a period of six months from the date of filing of such appeal. .

Section 20. Amendment of Section 377

In Section 377 of the Code of Criminal Procedure, after sub-section (2), the following sub-section shall be inserted, namely:

(3) When an appeal has been filed against a sentence passed under Section 376, Section 376-A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB or Section 376-E 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. .

Section 21. Amendment of Section 438

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 376-AB or Section 376-DA and Section 376-DB of the Indian Penal Code. ,

Section 22. Amendment of Section 439

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 376-AB or Section 376-DA or Section 376-DB of the Indian Penal Code (45 of 1860), 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 376-A or Section 376-DA or Section 376-DB of the Indian Penal Code.(45 of 1860) .

Section 23. Amendment of First Schedule

In the First Schedule to the Code of Criminal Procedure, under the heading I.-OFFENCES UNDER THE INDIAN PENAL CODE ,

(a) against Section 376,

(i) for the entry under column 3, the following entries shall be substituted, namely:

1

2

3

4

5

6

Rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine ;

(ii) the following entries shall be inserted at the end, namely:

1

2

3

4

5

6

Persons committing offence of rape on a woman under sixteen years of age

Rigorous imprisonment for a term which shall not be 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.

Cognizable

Non-bailable

Court of Session ,

(b) after the entries relating to Section 376-A, the folowing entries shall be inserted, namely;

1

2

3

4

5

6

376AB

Person committing an offence of rape on a woman under twelve years of age.

Rigorous imprisonment of 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 or with death.

Cognizable

Non-bailable

Court of Session. ;

(c) after the entries relating to Section 376-D, the following entries shall be inserted, namely:

1

2

3

4

5

6

376DA

Gangrape on a woman under sixteen years of age.

Rigorous imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine.

Cognizable

Non-bailable

Court of Session.

376DB

Gangrape on woman under twelve years of age.

Imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine or with death.

Cognizable

Non-bailable

Court of Session. .

Chapter V

AMENDMENT TO THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

Section 24. Amendment of Section 42 of Act No. 32 of 2012

In Section 42 of the Protection of Children from Sexual Offences Act, 2012, for the figures and letters 376-A, 376-C, 376-D , the figures and letters 376-A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB shall be substituted.

1. Promulgated by the President on 21-4-2018 and published in the Gazette of India, Extra., Part II, Section 1, dated 21-4-2018, No. 22.

2. Repealed by Act 22 of 2018, S. 26 (w.r.e.f. 21-4-2018).

SECTIONS