MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 21st April, 2018

THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2018

NO. 2 OF 2018

Promulgated by the President in the Sixty-ninth Year of the Republic of India.

An Ordinance further to amend the Indian Penal Code, the Indian Evidence Act, 872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012.

WHERE As 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

1. Short tide and Commencement.

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

(2) It shall come into force at once.

CHAPTER II
AMENDMENTS TO THE INDIAN PENAL CODE

2. Amendment of section 166A.

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. Amendment of section 228A.

In section 228A of the Penal Code, in sub-section (1),for the words, figures and letters “section 376A, section 3768, section 376C, section 376D”, the words, figures and letters “section 376A, section 376AB, section 37.6B, section 376C, section 3761), section 376DA, section 376DB” shall be substituted.

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.”.

5. Insertion of new section 376AB.

After section 376A of the Penal Code, the following. section shall be inserted , namely:-

Punishment for rape on woman under twelve years of age.

“376A13. 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. Insertion of new sections 376 DA and 376 DB.

After section 376D of the Penal Code, the following sections shall be inserted , namely:—

Punishment for gang rape on woman under sixteen years of age.

“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.

Punishment for gang rape on woman under twelve years of age

376DS. 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

7. Amendment to section 53.

In section 53A of the Indian Evidence Act, 1872 (hereafter in this Chapter referred lo as the Evidence Act), for the words, figures and letters -section 376A, section 376B, section 3760, section 376D”, the words, figures and letters “section 376A, section 376A13. section 376B, section 376C, section 37617, section 376DA, section 376DB” shall be substituted.

8. Amendment to section 146.

In section 53A of the Indian Evidence Act, 1872 (hereafter in this Chapter referred lo as the Evidence Act), for the words, figures and letters -section 376A, section 376B, section 3760, section 376D”, the words, figures and letters “section 376A, section 376A13. section 376B, section 376C, section 37617, section 376DA, section 376DB” shall be substituted.

CHAPTER IV
AMENDMENT TO THE CODE OF CRIMINAL PROCEDURE 1973

9. Amendment of section 26.

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 word, figures and letter “section 376A, section 376B, section 376C, section 376D” the words, figure and letter “section 376A, section 376AB, section 376C, section 373D, section 376DA, section 376DA, section 376DB” shall be substituted.

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 letter “section 376A, section 376B, section 376C, section 376D,”, the words, figures and letters “section 376A, section 376AB. section 37611, 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, fallen 376DA, section 376D13,” shall he substituted.

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 376B, section 376C, section 376D,”, the words, figures and Letters “section 376A, section 376AB, section 37613, section 376C, section 376D, section 376DA, section 3 76DB,” shall be substituted

12. Amendment of section 164.

In section 164 or 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.

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 within three months”, the words, figures and letters “an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or section 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 figures, letters and word “376A, 376B, 376C, section 376D”, the figures and letters “376A, 376AB, 376B, 376C, 376D, 376DA, 376DB” shall be substituted,

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

15. Amendment of 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 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.

16. Amendment of section 327.

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 376D, section 376DA, section 376DB, shall be substituted.

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