1. The Criminal Law (Amendment) Act, 2009 & 2013

2. Highlights of criminal law ( Amendment) Act. 2009
- I.P.C. (No Changes)
Cr.P.C. (Mainly changes in Sec & added secs.41AtoD regarding Arrest).
Sec.41A-Notice of appearance before police officer.
Sec.42B- Do’s at the time of arrest.
Sec.41C-Control room at District.
Sec.41D-Right of arrested person during interrogation.
-Evidence Act (No Changes).
Relevant changes introduced in

3. Highlights of criminal law ( Amendment) Act. 2013
Subject :- Sexual assault cases
- IPC
-Cr PC
-Evidence Act.
-POCSO
Relevant changes introduced in

4. Background Unfortunate incident of gang rape on 16 Dec. 2012.
Its after-effects such as wide protests in whole country & international coverage.
Govt. of India’s resolve to protect the honour of women.
Judicial committee constituted immediately on 22 Dec to find out the root causes & to suggest remedial measures.
Contd…

5. Report received on 23 Jan
Suggestions implemented w.e.f 03 Feb by way of ordinance.
Bill of Amendment passed in Lok Sabha on 19 March 2013 & Rajya Sabha on 21.March 2013.
Amended provisions came into force from 03 April 2013.

6. Amendments in IPC New provision incorporated about-
Acid attack-Secs.326A & 326B.
Sexual harassment-Sec.354A
Assault to disrobe-Sec.354B.
Voyeurism-Sec.354C.
Stalking-Sec.354D.
Trafficking-Secs.370,370A.
Scope of rape law widened-Sec.375
Punishment made more stringent-Secs.376,376AtoE. .

7. Section-100-
In section 100, after clause Sixthly, the following clause shall be inserted, namely:-
"Seventhly.-
An act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act."

8. Section-166A Non recording of FIR is also made punishable u/s166-A IPC
Public servant disobeying direction under law.- whoever, being a public servant,-
knowingly disobeys any direction of the law, or
Fails to record any information given to him under sub-section (1) of section 154 Cr.P.C.
- in relation to cognizable offence punishable under section 326A, section 326B,
section 354, 354A to D,
section 370, section 370A,
section 376, section 376A to E, or
section 509 .
Non recording of FIR is also made punishable u/s166-A IPC
w.e.f

9. Min- six months Max- two years and fine Cognizable & Bailable.
punishment- rigorous imprisonment
Min- six months
Max- two years
and fine
Cognizable & Bailable.

10. Sec.166B- Punishment for non- treatment of victim.-
Whoever, contravenes the provisions of section 357C of the Cr.P.C,
Section-357 C imposes a duty upon all hospitals to provide medical treatment free of cost to the victim of any offence covered u/s 326A, 376, 376A to E IPC & the report of the incidents to the police.
Punishment- imprisonment up to one year, or
with fine, or with both.
(Non-Cognizable & Bailable.)

11. Sec.326A – Voluntarily causing grievous hurt by use of acid, etc.-
Gender neutral
Punishment -
Min- 10 years
Max.- imprisonment for life
+fine is must & shall be paid to the victim.
(Cognizable & Non-bailable)

12. Sec. 326B- Attempt to Acid attack-
Gender neutral
Punishment -
Min- 5 years
Max.- 7 Years
+fine is must.
(Cognizable & Non-bailable)

13. Sec.354 - Assault or Criminal Force to Women with intent to outrage her modesty
Punishment-
Min- 1year
Max.- 5 Years
+fine
Cognizable, Non-bailable,

14. Sec.354A- Sexual Harassment
Means:-
Physical contact, sexual overtures; or
demand or request for sexual favours; or
forcibly showing pornography; or
Making sexually coloured remarks; or
any other conduct of sexual nature.

15. Punishment for Sec.354A for clauses (i) (ii) &(iii)
Rigorous imprisonment up to three years, or with fine or with both.
in clause (iv)
imprisonment up to one year, or with fine, or with both.
Cognizable & bailable.

16. Sec.354B –Assault to disrobe Act with intent to disrobe a woman or compelling her to be naked
Punishment-
Min. 3 year.
Max. 7 Year,
& with fine.
Cognizable& Non-bailable.

17. Sec.354C - Voyeurism
Watching or capturing a woman in “private act”
Where she would usually have the expectation of not being observed.

18. Punishment for Sec.354 C -In case of first conviction- Min. 1 year.
Max. 3 years,
& with fine.
Cognizable & bailable
-on second or subsequent conviction-
Min. 3 years.
Max. 7 years,
Cognizable & Non-bailable

19. Sec.354D - Stalking
Persistently following woman with attempt to contact, despite no interest shown,
Monitoring the internet, , etc. use by women .
Punishment-
-In case of first conviction-
Up to 3 years & fine.
Cognizable & bailable
-In case of second conviction
Up to 5 years & fine.
Cognizable & Non-bailable

20. Sec.370 - Trafficking of person.
Whoever, for the purpose of exploitation,
recruits, transports, harbours, transfers,
or receives, a person or persons, by-
Using threats, or
Using force, or any other form of coercion, or

21. By abduction, or
By practicing fraud, or deception, or
By abuse of power, or
By inducement,
commits the offence of trafficking.

22. Punishment u/s 370 rigorous imprisonment- Min. 7 years.
Max. 10 years & with fine.
(For more details see sec.)
Cognizable & Non-bailable.

23. Sec.370A(1) - Exploitation of a trafficked person.- who is minor
Punishment-
rigorous imprisonment-
Min. 5 years.
Max. 7 years & with fine.
Cognizable & Non-bailable.

24. Sec.370A(2) - Exploitation of a trafficked person.- who is major
Punishment-
rigorous imprisonment
Min. 3 years.
Max. 5 years & with fine.
Cognizable & Non-bailable.

25. Sections 375, 376 of rape Sec.375 – Definition of rape
A man is said to commit "rape" if he:-
a) Penetrates into the vagina, mouth, urethra or anus of a woman ; or
b) Inserts, any object or a part of the body, not being the penis into the ;or

26. c) Manipulates any part of the body of a woman as to causes penetration into the.... ;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 the circumstances....

27. Sec.376-Punishment for rape
-u/s 376 (1)
Min. 7 years.
Max. Imprisonment for life
& with fine
- by a person in authority or in trust - u/s 376 (2)
Min. 10 years.
Max. Imprisonment for life (whole life)
& with fine..

28. Sec.376A-
Punishment –
for causing death or resulting in persistent vegetative state of victim:-
Min. 20 years.
Max. Imprisonment for life (whole life) or Death
& with fine

29. Sec.376 B -
Sexual intercourse by husband upon his wife during separation:-
Punishment:-
Min. 2 years.
Max. 7 Year
& fine.

30. Sec.376 C-
Sexual intercourse by a person in authority not amounting to rape :-
Punishment:-
Min. 5 years.
Max. 10 years
& with fine

31. Sec.376D- Gang Rape
Punishment:-
Min. -20 years.
Max.- Imprisonment for life (whole life)
& with fine.
Fine shall be paid to the victim.

32. Sec.376 E- Punishment for repeat offenders-
Imprisonment for life (whole life) or Death .

33. Sec.509- indecent word ,gesture or act
Punishment –
Simple Imprisonment
Min. 1 year
Max. 3 years
& fine
Cognizable & bailable

34. Amendments in
Cr.P.C

35. Section 2 (Amended in 2009)
Definition of “Victim” has been inserted in new clause (wa)-
Victim is a person-
Who has suffered any loss or injury;
The injury or loss should have been caused by an act or omission of the accused;
The guardian or legal heirs of the sufferer are also included in this term.

36. Section 26- Courts by which offences are triable -
Proviso has been added after clause (a) 2009 & amended in 2013.
The offences of Rape (Section 376 and sections 376 A to 376 E (IPC) shall be tried as far as practicable in a Court presided by a woman judge.

37. Law of arrest re-defined
Changes in the law of arrest u/s 41 Cr PC.
Fetters imposed on powers to arrest without warrant.

38. New arrest provisions w.e.f. 31.Dec.2009
Source :- Wisdom of the legislature and Hon’ ble Supreme Court’s directions/suggestions in various cases

39. Arrest restricted -only under certain conditions .
Previously :-
In cognizable offence police may arrest without warrant.
Presently:-
Arrest restricted -only under certain conditions .

40. (a) If committed cognizable offence in the presence of police officer.
Sec.41-When police may arrest without warrant -
(a) If committed cognizable offence in the presence of police officer.
(b) if committed a cognizable offence punishable up to 7 years imprisonment.
If not arrested then further crime may be committed.
Section -41 (1)
Contd…

41. Threat of tampering of evidence.
Threat to relevant witness.
To ensure presence of accused in courts.
(ba) committed cognizable offence punishable more than 7 years.

42. Other ground arrest without warrant – (c)Proclaimed offender.
(d) Possessed stolen property.
(e)Obstructs police officer, Escapes from custody .
(f)Deserter from armed forces.
(g)Liable to be extradited.
(h) breach any rule made u/s 356 (5) CrPC.
(i)Wanted in other cases of arrest without warrant .

43. Section- 41(2)-
Subject to the provisions of section- 42;
No person concerned in a non- cognizable offence ; or
against whom a complaint has been made, etc. shall be arrested without warrant.

44. Sec. 41 A- Notice of appearance before police officer.
Where the arrest of a person is not required as per the provisions of Section 41 (1)
Issue notice of appearance as & when required
If non-compliance, empowers arrest for the offence mentioned in the notice.

45. Sec.41B- DOs- at the time of arrest-
Record reasons in abnormal arrest.
Police to wear an accurate, visible & clear name plate.
Arrest memo attested by public & signed by accused.
Inform family of accused.

46. Sec.41C- control room
Display on the notice board of the district/state control room.
The names and addresses of the persons arrested .
The name and designation of the police officers who made the arrest.

47. Sec.41 D- Right of arrested person during interrogation-
Police to recognize that accused can consult with an advocate of his choice during interrogation.

48. Section 46 (Amended in 2009)-
Proviso has been added in sub-section (1)
When a woman is to be arrested,
the oral intimation of arrest shall be presumed to be her submission to custody and
unless the circumstances otherwise require or unless the police officer is a female officer,
the police officer making the arrest shall not touch the person of the woman arrested.

49. Sub- section (4) has been added-
Except in certain circumstances-
no woman shall be arrested after sunset and before sunrise , and
if exceptional circumstances exists for arrest,
then the woman police officer making arrest, has to obtain a prior permission from a Judicial Magistrate of 1st class, in whose jurisdiction the arrest has to be made.

50. Medical examination of arrested person
Section 54 (Amended in 2009)
Medical examination of arrested person
By a Medical Officer (M.O.) and in absence of such medical officers; the examination can be conducted by an R.M.P.
. A female arrested person is to be examined, by or under the supervision of a lady medical officer and in absence of such medical officer the examination can be done by an R.M.P.

51. Sec.54 A-Identification of the person arrested (inserted in 2005,& Amended in2013)
Identification can be conducted of an arrested person only
Application for TIP can be moved by I.O.
Manner of TIP to be decided by court.

52. If the person indentifying is mentally/physically disabled then process of TIP to be done under the supervision of M.M.
Such process of can be conducted by electronic means & it shall be video graphed.

53. Section 55 A (Inserted in 2009)
Health and safety of arrested person-
The person, who is having the custody of the accused, is under a duty to take reasonable care of the health and safety of the accused.

54. Section 60 A (Inserted in 2009)
Arrest to be made strictly according to the Code-
The arrest has to be made strictly in accordance with the provisions of this Code or any other law in force, which provides for arrest.

55. Sec FIR
Information given by victim of sexual offences and acid attack to be recorded by a women police officer or woman officer.
If victim is temporarily or permanently mentally/physically disabled then information to be recorded at residence or such convenient place of victim.
Help of interpreter/special educator be taken.
Recording has to be video graphed.

56. Section 157 (Amended in 2009)
Proviso has been added after proviso of sub-section (1)-
In relation to an offence of Rape,
the statement of the victim shall be recorded at her residence; or
any other place of her choice by a woman police officer in the presence of victim’s parents or guardian or near relative or social worker of the locality.

57. Sec Notice
Notice may be given in writing to any person knowing the facts of a case.
The person knowing the fact can be asked to appear before himself at the date & time mentioned in notice.
A person less than 15 years or above 65 years or a woman cannot be called to P.S. for examination.

58. Sec.161- Statement of witness
(Amended in 2009 & 2013)
Proviso has been added after sub-section (3)
The statement made under sub-section (3) of section 161 may also be recorded by audio-video electronic means.
Statement of a lady victim of sexual offence shall be recorded only by a woman police officer or woman officer.

59. Section 164 (Amended in 2009 & 2013)
Proviso has been substituted after proviso of sub-section (1)
Any confession or statement under sub-section (1) may also be recorded by audio-video electronic means in presence of advocate of accused.
The police officer upon whom the powers of magistrate have been conferred cannot record a confession.
After sub-section(5), the following sub-section shall be inserted, namely:-

60. Section 164 (5A)-Recording of confession and statement
Statement of a lady victim of sexual offence to be recorded in terms of Sec.164 (5) Cr.P.C by M.M., as soon as the offence is brought into the knowledge of police.
Help of Interpreter/special educator be taken in case the victim is temporarily or permanently mentally/physically disabled.

61. Statement of such victim to be video- graphed.
Statement of such victim to be treated as examination-in-chief during trial.

62. Section 167 (Amended in 2009)-
Procedure when investigation cannot be completed in twenty-four hours. 
Proviso has been substituted for clause (b) in sub- section (2)
The detention of the accused in custody of police for the first time and for subsequent times shall not be extended by a Magistrate, unless the accused is produced before him in person,

63. but the Magistrate may extend the judicial custody of the accused on production in person or though the medium of electronic video linkage.
Explanation II has been substituted –
If any question arises as to whether the accused has been produced before the Magistrate,
the same may be proved by signature of the accused on the detention order, or
by the certificate of the Magistrate in case the accused has been produced before him by electronic video linkage.

64. Proviso has been added-
In case of woman below 18 years of age the detention shall be in a remand home or recognized social institution.

65. Section 172 (Amended in 2009)
Diary of proceedings in investigation.
New sub-sections (1A) and (1B) have been inserted
The statements of the witnesses recorded during investigation shall be inserted in case diary.
The case diary shall be voluminous and shall be duly numbered

66. Sec.173 –Report of police officer on completion of investigation.
Investigation of case of rape of child to be completed within 3 month of FIR.
This is applicable to POCSO Act also.
Report of medical examiner in cases u/s 376, 376A to 376E IPC to be attached with charge sheet.

67. Section 195 A (Inserted in 2009)
Procedure for witnesses in case of threatening, etc.-
A witness or any other person may file a complaint for an offence under section 195A IPC.
Punishment :- 7 Years or fine , or both.
If innocent person is convicted :- Punishment same as for the offence.
Cognizable & non-bailable.

68. Section 197 -Sanction for Prosecution of judges and public servant
Sanction not required in case the offence u/s 166A, 166B, 354,354A to 354D, 370, 376, 376A to 376D or 509 IPC is committed by a public servant.

69. Sec.198B -Cognizance of offence
Conditional upon the complaint of wife for offence u/s 376 B.
Court not to take cognizance of offence under Section 376B IPC, if the complaint is not filed by the wife against the husband.

70. Sec. 273-Evidence to be taken in the presence of accused
At the time of recording of the testimony of Victim of Sexual Offence if the victim is under 18 years of age, the Court is to ensure that the accused is not visible to that victim.

71. Sec.309-Power to adjourn proceedings ( 2009 & 2013)
Inquiry or Trial to be conducted on daily basis.
Adjournment to a longer date to be given after recording its reason.
Inquiry or Trial of Offences of Rape, if possible be completed within Two months of filing of charge-sheet.

72. Sec.327 - Court to be open-
Inquiry or Trial of an Offence of Rape to be conducted in-camera. i.e. Behind Closed Doors.
Inquiry or Trial to be conducted preferably by a Woman Judge
Printing or Publishing of proceedings of Court is prohibited except with the permission of the Court.
Name & Address of the parties cannot be printed/published at any cost.

73. Sec.357B- Victim compensation scheme
Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code :-
Provides state’s compensation packages to victim apart from providing fine.

74. Sec.357C- Treatment of victims:-
Hospitals whether public or private, to immediately provide first-aid or medical treatment, to the victims of offence under Section 326A, 376, 376A to E, IPC free of cost, and to immediately inform the police of such incident.

75. Amendments in I.E.A. 2013

76. Sec.53 A- Evidence of character or previous sexual experience not relevant
Evidence of previous sexual experience or character of victim irrelevant for prosecution u/s 354, 354A to D 376,376 A to E.
Where the question of consent is in issue.

77. Sec.114 A- Presumption as to absence of consent in certain prosecution for rape
(Inserted in 1983 & amended in 2013.)
Court shall presume absence of consent of victim, if intercourse is proved and she states the absence of consent.

78. Sec.119- Witness unable to communicate verbally.
Give evidence by writing or by signs.
Such witnesses will be assisted by interpreter.
Such evidence shall be deemed to be oral evidence

79. Sec.146-Question in cross examination
In a prosecution of an offence u/s 376, 376A to E IPC,
In cross, question as to immoral character or previous sexual experience victim is barred, if consent is in question.

80. THANKS