Short title and commencement.
THE CRIMINAL LAW (AMENDMENT) ACT, 2018
NO. 22 OF 2018
[11th August, 2018.] An Act further to amend the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Criminal Law (Amendment) Act, 2018.
(2) It shall be deemed to have come into force on the 21st day of April, 2018. jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—18
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EXTRAORDINARY
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PUBLISHED BY AUTHORITY
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No. 35] NEW DELHI, SATURDAY, AUGUST 11, 2018/SHRAVANA 20, 1940 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 11th August, 2018/Shravana 20, 1940 (Saka) The following Act of Parliament received the assent of the President on the 11th August, 2018, and is hereby published for general information:—
1
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment
of section
166A.
Amendment of section 228A. Amendment of section 376.
CHAPTER II
AMENDMENTS TO THE INDIAN PENAL CODE
2. In the Indian Penal Code (hereafter in this Chapter referred to as the Penal Code), in section 166A, in clause (c), for the words, figures and letters "section 376B, section 376C, section 376D", the words, figures and letters "section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.
3. In section 228A of the Penal Code, in sub-section (1), 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.
4. 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.".
5. After section 376A of the Penal Code, the following section shall be inserted, namely:—
"376AB. 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 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.".
6. After section 376D of the Penal Code, the following sections shall be inserted, namely:—
"376DA. 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.
Insertion of
new section
376AB.
45 of 1860. Punishment for rape on woman under twelve years of age.
Insertion of new sections 376DA and
376DB.
Punishment for gang rape on woman
under sixteen years of age.
2
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
Amendment of
section 53A.
376DB. 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.".
7. In section 376E of the Penal Code, for the word, figures and letter "section 376D", the words, figures and letters "section 376AB or section 376D or section 376DA or section 376DB," shall be substituted.
CHAPTER III
AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872
8. In section 53A of the Indian Evidence Act, 1872 (hereafter in this Chapter referred to as the Evidence Act), 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.
9. In section 146 of the Evidence Act, 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.
CHAPTER IV
AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973
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.
3
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.
4
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
1 2 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.
5
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
1 2 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:—
1 2 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:—
1 2 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.
CHAPTER V
AMENDMENT TO THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
25. In section 42 of the Protection of Children from Sexual Offences Act, 2012, for the figures and letters "376A, 376C, 376D", the figures and letters "376A, 376AB, 376B, 376C, 376D, 376DA, 376DB" shall be substituted.
26. (1) The Criminal Law (Amendment) Ordinance, 2018 is hereby repealed. Amendment of
section 42 of
Act No.32 of
2012.
Repeal and savings. Ord. No.2 of 2018. 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.";
6
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
(2) Notwithstanding such repeal, anything done or any action taken under 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, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of those Acts, as amended by this Act.
45 of 1860.
1 of 1872.
2 of 1974.
32 of 2012.
MGIPMRND—1644GI(S3)—11-08-2018.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054. ————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
7