Criminal Law (Amendment) Act, 2013

 

The Criminal Law (Amendment) Bill, 2013 is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal CodeIndian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences.[1][2][3] The Bill received Presidential assent on 2 April 2013 and deemed to came into force from 3 February 2013. It was originally anOrdinance promulgated by the President of IndiaPranab Mukherjee, on 3 February 2013, in light of the protests in the 2012 Delhi gang rape case.[4][5]

The Criminal Law (Amendment) Act, 2013

The Bill was passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, making certain changes from the provisions in the Ordinance. [23][24][25] The Bill received Presidential assent on 2 April 2013 and came into force from 3 April 2013. The changes made in the Act incomparison with the Ordinance is listed as follows:

Offence

Changes

Acid attack Fine shall be just and reasonable to meet medical expenses for treatment of victim, while in the Ordinance it was fine up to 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
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.