1. WELCOME
TO
Criminal Law Amendment 2013
BY
Dr. H. ABDUL AZEEZ
B.Sc. (Hons.), LL.M. (Ker), LL.M. (C.E.U.), Ph.D.
Head of Dept. (Law), Kerala Police Academy, Thrissur

2. ►INTRODUCTION
The Back ground
Coverage of the Amendment
 Provisions of I.P.C., Cr. P.C., Indian Evidence
Act, Protection of Children from sexual
Offences Act,2012
 The Amendment has come into force from
3rd February 2013

3. Features the Criminal Law Amendment 2013
►Focuses on
►protection of women from sex related
offences
►criminalizing acid attacks
►Penalising human trafficking and
penalises different stages of women
traffickers

4. Effect on I.P.C. after the Amendment
►After 326 IPC, two new sections inserted 326 A & B
► Voluntarily causing grievous hurt by use of acid, etc. (326 A)
Whoever causes permanent or partial damage or
deformity to any part/s 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
Punishment: imprisonment of either description for a
term not less than ten years but which may
extend to
imprisonment for life, and with fine:
i) such fine shall be just and reasonable to meet the medical expenses of the
treatment of the victim:
ii) any fine imposed under this section shall be paid to the victim.

5. ►Voluntarily throwing or attempt to throw Acid (326 B):
► Whoever throws or attempts to throw acid on
any person or
attempts to administer acid to any person
with the intention of causing permanent or
partial damage or deformity or grievous hurt to
that person
► Punishment: imprisonment of either description
for not be less than five years but which may
extend to seven years, and shall also be liable to
fine.

6. Amendment of Section 354
► Outraging the modesty of a woman ( 354)
► Section 354 has been amended to enhance the punishment
► Before: “punished with imprisonment of either
description for a term which may extend to two years, or
with fine, or with both”.
► Now: “shall not be less than one year but which
may extend to five years, and shall also be liable to
fine”
►Before: Cognizable & bailable
►Now: Cognizable & Non-bailable
(Sec. 354: 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..)

7. INSERTION OF 354 A, 354 B, 354 C AND 354 D
 354 A: Sexual harassment
 A man committing any of the following acts:
i. Unwelcome physical contact and advance involving explicit sexual approaches; or
ii. a demand or request for sexual favours; or
iii. showing pornography against the will of a woman; or
iv. making sexually coloured remarks
shall be guilty of the offence of sexual harassment.
Punishment:
 the offences in clause (i) or clause (ii) or clause (iii) above shall be punished with R.I.
for a term which may extend to three years, or with fine, or with both.
 the offence in clause (iv) above shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with both
 Cognizable and Bailable

8. Assault or use of criminal force to woman
with intent to disrobe (354 B)
Any man who
 assaults or
 uses criminal force to any woman or
 abets such act with the intention of disrobing or
 compelling her to be naked
 Punishment:
 imprisonment of either description for a term which
shall not be less than three years but which may
extend to seven years, and fine.
 Cognizable & Non-bailable

9. Voyeurism (354 C)
 Any man who
 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, or
 Disseminates* such image
 Punishment:
 on first conviction: 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: 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.
 First offence cognizable but bailable
 Second or subsequent offence cognizable and non-bailable

10.  Explanation 1.— For the purpose 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, posterior or breasts are exposed
or covered only in underwear; or
the victim is using a lavatory; or
the victim 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 the 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.

11. Stalking (354-D)
1. Any man who—
i. follows a woman and contacts, or attempts to contact such
woman to foster personal interaction repeatedly despite a clear
indication of disinterest by such woman; or
ii. monitors the use by a woman of the internet, email or any
other form of electronic communication, commits the offence of
stalking
 Punishments:
 on first conviction: imprisonment of either description for a term
which may extend to three years, and fine
 on a second or subsequent conviction: with imprisonment for a
term which may extend to five years, and fine
 First offence cognizable but bailable
 Second or subsequent offence cognizable but non-bailable

12. Exception: Such stalking was for the purpose of preventing or detecting
crime and such conduct was just and reasonable in the particular
circumstances

13. SUBSTITUTION OF NEW SECTIONS 370 AND 370A
FOR SECTION 370
 Trafficking of person (S.370)
Whoever, for the purpose of exploitation, (a) recruits, (b)
transports, (c) harbours, (d) transfers, or (e) receives, a
person or persons, by—
i. using threats, or force, or coercion, or
ii. by abduction, or
iii. by practising fraud, or deception, or
iv. by abuse of power, or
v. by inducement, including the giving or receiving of
payments or benefits, in order to achieve the consent of
any person having control over the person recruited,
transported, harboured, transferred or received,
commits the offence of trafficking.

14. Punishment:
1.
Trafficking normally: punished with R.I. for not less than 7
years, but may extend to 10 years, and fine.
2. Trafficking of more than one person: R.I. for not be less than
10 years but may extend to imprisonment for life (L.I.), and
fine.
3. Trafficking of a minor: R.I for not be less than 10 years but
which may extend to L.I., and fine.
4. Trafficking of more than one minor: R.I for not be less than 14
years but which may extend to L.I., and fine.
5. Convicted of trafficking of minor on more than one occasion:
shall be punished with L.I., which shall mean imprisonment for
the remainder of that person's natural life, and fine.
6. A public servant or a police officer involved in the trafficking:
shall be punished with L.I., which shall mean imprisonment for
the remainder of that person's natural life, and fine.

15. 370 A: Exploitation of a trafficked person.
1.
Whoever, knowingly or having reason to believe that a
minor has been trafficked, engages such minor for sexual
exploitation in any manner, shall be punished with
rigorous imprisonment 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.
2. Whoever, knowingly by or having reason to believe that
a person has been trafficked, engages such person for
sexual exploitation in any manner, shall be punished With
rigorous imprisonment for a term which shall not be less
than three years, but which may extend to five years, and
shall also be liable to fine.'.

16. Rape
Substitution of new sections 375, 376, 376A, 376B, 376C, 376D and 376 E.
Definition of Rape ( S.375)
old definition
A man is said to commit
"rape" who, except in
the cases hereinafter
excepted, has sexual
intercourse with a
woman under
circumstances falling
under any of the six
following descriptions:
New definition
A man is said to commit "rape" if hea. penetrates his penis, to any extent, into the vagina (including
labia majora), mouth, urethra or anus of a woman or makes her to do
so with him or any other person; or
b. inserts, to any extent, any object or a part of the body, not being
the penis, into the vagina, the urethra or anus of a woman or makes
her to do so with him or any person; or
c. manipulates any part of the body of a woman so as to cause
penetration into the vagina, urethra, anus or any part of body of such
woman or makes her to do so with him or any other person; or
d. applies his mouth to the vagina, anus, urethra of a woman or
makes her to do so with him or any other person,
under any of the following descriptions:

17. old definition
i.
Against her will.
New definition
-do-
ii. Without her consent.
iii. With her consent, when her consent has been obtained
by putting her or any person in whom she is
interested, in fear of death or of hurt.
-do-
iv. With her consent, when the man knows that he is not
her husband and that her consent is given because she
believes that he is her husband
-do-
v. With her consent when, at the time of giving such
consent, by reason of unsoundness of mind or
intoxication or the administration by him personally or
through another of any stupefying or unwholesome
Substance, she is unable to understand the nature and
consequences of that to which she gives consent.
-do-
vi. With or without her consent, when she is under sixteen
years of age.
With or without her consent, when
she is under eighteen years of age.
vii.
When she is unable to
communicate consent.

18. Rape- Punishments
Offence
Laws before amendmt
2013 Amendment
Rape : Rape includes unconsented
penetration of the vagina (including
labia majora), mouth, urethra or
anus with the penis or other object
or body part or unconsented oral
sex. (S.376 (1))
In the absence of penilevaginal penetration offence of
outraging modesty of a woman
punishable with
maximum 2 years and fine
Specific offence.
Punishable with not less
than 7 years but may
extent to R.I for life.
Custodial rape:
Rape by police officers in custody,
or public servants in custody, or
management or staff of hospital, or
remand home, or jail.
(S.376 (2) ( a) (b), (d), (e))
R.I. for not less than 10 years
but may extent to L.I. and fine.
Specific offence: R.I. for a
term not be less than 10
years, but which may
extend to L.I. (remainder
of life) , and fine
Rape by armed
Personnel
( S.376 (2) (c))
No specific provision. Public
servant includes
armed personnel.
Punishment: 10 years to life
imprisonment and fine
Specific offence:
R.I. for a term not be less
than 10 years, but which
may extend to L.I.
(remainder of life) , and
fine

19. Offence
Laws before amendmt
2013 Amend
Rape by a relative, guardian or
teacher, or a person in a position of
trust. S.376 (2) (f)
No specific provision.
Specific offence: R.I. for a
term not less than 10
years, but which may
extend to L.I. (remainder
of life) , and fine
Rape committed taking advantage
of communal or sectarian violence.
S.376 (2) (g)
No specific provision.
-Do-
Rape on a woman knowing her to
be pregnant . S.376 (2)(h)
Specific provision Punishment:
10 years to life imprisonment
and fine
-Do-
Rape on a woman under sixteen
years of age. S.376 (2) (i)
Rape on a woman under 12
years. Punishment: 10 years to
life imprisonment and fine
-Do-
Rape on woman incapable of
giving consent.
S.376 (2) (j)
No specific provision.
-Do-

20. Offence
Laws before amendmt 2013 Amend
Being in a position of control or
dominance of a woman and
commits rape on her. S.376 (2) (k)
No specific provision
-Do-
Rape on mentally or physically
disabled woman. S.376 (2) (l)
No specific provision
-Do-
Causing grievous hurt or
endangers life or disfigures while
rape
No specific provision
-Do-
Commits rape repeatedly on the
same woman
No specific provision
-Do-
Causing death or persistent
vegetative state when committing
rape. (S. 376 A)
Rape and murder dealt with as
two separate offences. Rape:
7 years to L.I.; Murder: L.I. or
death
Specific offence.
Punishment 20 years to R.I
for life (remainder of life) or
death.
Rape by HUSBAND during judicial
separation: sexual intercourse by
husband with his own wife, who is
living separately, without her
consent (S.376 B)
imprisonment of either
description for a term which
may extend to two years and
shall also be liable to fine.
imprisonment of either
description for a term which
shall not be less than two
years but which may extend
to seven years, and fine.

21. Offence
Law before amendmt 2013 Amend
Sexual intercourse by person in authority No specific offence
or in a fiduciary relationship,
superintendant or manager of jail or
remand home or hospital, not amounting
to rape but by seducing or compelling
her .(S. 376 C)
R.I .for not less than 5
years but may extend
to 10 years and fine
10 years to life
imprisonment and
fine
20 years to L.I.
(remainder of life) and
fine payable to the
victim, that is
reasonable to
meet medical
expenses.
Repeat offenders. (S.376 E)
Punishments for persons previously
convicted of an offence of rape, custodial
rape, and gang rape.
No specific
provision
Specific offence. Life
imprisonment
(remainder of life) or
death.
Marital rape: (S. 375)
Forceful sexual inter course committed
without the consent of the wife.
No rape if wife is above 15
years of age
No rape if wife is above
16 years of age
Punishment for gang rape: (S.376 D)
Where a person is raped by one or more
in a group of persons acting in
furtherance of a common intention, each
persons shall be deemed to have
committed the offence of gang rape,
regardless of their gender.

22. Amendment of Section 509.
 punishment under section 509 has been enhanced to three years
from one year imprisonment and also with fine.
 Section 509 deals with insulting the modesty of any
woman by uttering any words, making any sound or
gesture, or exhibiting any object, intending that such
word or sound shall be heard, or that such gesture or
object shall be seen, by such woman, or intrudes upon
the privacy of such woman.

23. Public servant disobeying direction under law ( S.166 A)
whoever being a public servant
fails to record any information given to him under sub section
(1) of section 154 of the Cr PC in relation to cognizable offence
punishable under section 326 A, 326B, 354, 370,370 A, 376,376
A, 376B, 376 C, 376 D, 376 E or 509
Shall be punished with RI for a term which shall not be less
than six months but which may extent to two years and also
liable to fine.

24. ►AMENDMENTS UNDER Cr.P.C.
 Information and Statement to be recorded by a woman officer:
 In section 154 provisos have been inserted stipulating that if the
information is given by the woman against whom an offence under
sections 326A, 326B, 354, 354A, 354B, 354C, 354D, 376, 376A, 376B,
376C, 376D, 376E or 509 of the IPC is alleged to have been committed
or attempted, then such information shall be recorded, by a woman
police officer or any woman officer.
 Section 161 provides that statement of such woman shall be recorded
by a woman police officer or any woman officer.
 In the event that the person against whom an offence under 354, 354A,
354B, 354C, 3540, 376, 376A, 376B, 376C, 376D, 376E or 509 of the
IPC is alleged to have been committed or attempted, is mentally or
physically disabled then such information shall be recorded, by a
police officer at the residence of the person seeking to report such
offence or at a convenient place of such person’s choice and the
recording shall be video graphed.

25. ►AMENDMENTS UNDER Cr.P.C.
Police officer’s power to require attendance of witness
 Section 160 has been amended that no police officer can require
attendance of a witness if he is a male under the age of fifteen or above the
age of sixty-five years or a woman or a mentally or physically disabled
person at any place other than the place where such person resides.

26. Prosecution of public servants
► No sanction shall be required in case of a public
servant accused of any offence alleged to have been
committed under Section 166A, 166B, 354, 354A, 354
B, 354 C, 354 D, 370, 375 376, 376 A, 376C, 376D or
Section 509 of the Indian Penal Code.
(Section 197 Cr.PC)

27. Evidence to be taken of woman below 18 years
where evidence of a woman below the age of eighteen years is to be
recorded, the court may make appropriate measures to ensure that such
woman is not confronted by the accused and at the same time ensuring the
right of cross examination of the accused. (Section 273 has been amended
by inserting a proviso)
Trial To Be Completed Within Two Months
when the inquiry or trial relates to an offence under section 376, 376A,
376B, 376C or 376D of the IPC, the inquiry or trial shall, as far as possible
be completed within a period of two months from the date of filing of the
charge sheet.“ (S. 309)
In Camera Trial
Section 376E of IPC has been inserted under Section 327 (2) which
prescribe in camera trial.

28. Victim compensation Scheme/ treatment of Victims
►
After section 357 A, section 357 B has been inserted which
provides that the compensation payable by the State Govt.
shall be in addition to the payment of fine to the victim under
S. 326 A or 376 D of IPC.
Hospitals: It is obligatory for govt or private hospitals to
immediately provide medical treatment free of cost to the
victim of any offence covered under rape or acid attack (
S.357 C)

29. INDIAN EVIDENCE ACT
Insertion of new section 53 A.
Evidence of character or previous sexual experience not relevant in
certain cases.
S.53A. In a prosecution for an offence under section 354, section 354A,
section 354B, section 354C, section 354D, section 376, section 376A,
section 376B, section 376C, section 376D or section 376E of the Indian
Penal Code or for attempt to commit any such offence, where the question
of consent is in issue, evidence of the character of the victim or of such
person's previous sexual experience with any person shall not be relevant
on the issue of such consent or the quality of consent.".

30. Presumption as to absence of consent in certain
prosecution for rape.
 For section 114A of the Evidence Act, the following section shall be
substituted:
114A. In a prosecution for rape under clauses (a), (b), (c), (d), (e), (f),
(g), (h), (i), (j), (k), (l), (m) or (n) of sub-section (2) of section 376 of the
Indian Penal Code,
where sexual intercourse by the accused is proved and the question
is whether it was without the consent of the woman alleged to have been
raped and such woman states in her evidence before the court that she did
not consent, the court shall presume that she did not consent.

31. Questions lawful in cross examination
In section 146 of the Evidence Act, for the proviso, the following proviso shall
be substituted, namely:·
In a prosecution for an offence under section 376, section 376A, section
376B, section 376C, section 376D or section 376E of the Indian Penal Code
or for attempt to commit any such offence,
where the question of consent is an issue, it shall not be permissible
to adduce evidence or to put questions in the cross-examination of the
victim as to the general immoral character, or previous sexual experience,
of such victim with any person for proving such consent or the quality of
consent."

32. Protection of Children from Sexual Offences Act 2012
Substitution of new section for section 42.
S.42 : Alternate punishment.
Where an act or omission constitutes an offence punishable under this Act
and also under sections 166A, 354A, 354B, 354C, 354d, 370, 370A, 375, 376,
376A, 376C, 376D, 376E or section 509 of the IPC, then, notwithstanding
anything contained in any law for the time being in force,
the offender found guilty of such offence shall be liable to
punishment under this Act or under the Indian Penal Code as provides for
punishment which is greater in degree.

33. Conclusion
 Thus, the criminal law amendment 2013 focuses
on protection of women from sexual or sex related
offences
 However, the main question would be by a mere
instrumentalisation of a law will it be possible to
protect woman from sexual offences?
 What further?
 Concerted action of police, prosecutors,
politicians, public servants, woman and child
organizations and social activists, media, etc.
needed
 Proper education of law to all in the society is
further required

34. Thank You!