On 2nd April, 2013, the President of India gave assent to the Criminal Law (Amendment Act) 2013. Here, we look at some important points from the text of law, which may be a subject matter of some questions in your examination.
What acts have been amended?
By this act, the following legislation have been amended:
- Indian Penal Code
- Code of Criminal Procedure, 1973
- Indian Evidence Act, 1872
- Protection of Children from Sexual Offences Act, 2012
Throwing acid or attempt to throw acid:
The Indian Penal Code has been amended and it now includes the act of throwing or administering acid or an attempt to that effect. If somebody throws acid and causes permanent or partial damage or deformity will be punished with imprisionment of minimum less than 10 years, which can extend life in jail. If a person attempts to do the same, the jail term is minimum 5 years, which can extend to 7 years.
Sexual Harassment
A man commits sexual harassment if he indulges in the following:
- Physical contact and advances involving unwelcome and explicit sexual overtures
- Demand or request for sexual favours; or
- Showing pornography against the will of a woman; or
- Making sexually coloured remarks
The jail term for such men would be at least 3 years or fine or both.
Voyeurism
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. Minimum jail term is three years.
Stalking
Following a women or trying to contact her for personal reasons, despite the disinterest of a woman , follows her or monitors her on internet, email or any other such media, is guilty of stalking. maximum jail term is 3 years. In such cases, man can prove himself of innocence if he can prove that stalking was done for the purpose of preventing or detecting crime or for any other reasonable reason.
Rape:
The law has described various conditions of rape and has made provisions for various punishments.
|
Offence |
Provisions |
|
Acid attack |
Fine shall be just and reasonable to meet medical expenses for treatment of victim, while in the Ordinance it was fine upto Rupees 10 lakhs. |
|
Sexual harassment |
“Clause (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature” has been removed. Punishment for offence under clause (i) and (ii) has been reduced from five years of imprisonment to three years. The offence is no longer gender-neutral, only a man can commit the offence on a woman. |
|
Voyeurism |
The offence is no longer gender-neutral, only a man can commit the offence on a woman. |
|
Stalking |
The offence is no longer gender-neutral, only a man can commit the offence on a woman. The definition has been reworded and broken down into clauses, The exclusion clause and the following sentence has been removed “or watches or spies on a person in a manner that results in a fear of violence or serious alarm or distress in the mind of such person, or interferes with the mental peace of such person, commits the offence of stalking”. Punishment for the offence has been changed; A man committing the offence of stalking would be liable for imprisonment up to three years for the first offence, and shall also be liable to fine and for any subsequent conviction would be liable for imprisonment up to five years and with fine. |
|
Trafficking of person |
“Prostitution” has been removed from the explanation clause |
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Rape |
The word sexual assault has been replaced back to rape. The offence is no longer gender-neutral, only a man can commit the offence on a woman. The clause related to touching of private parts has been removed. |