AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973
1. Amendment of Section 26- In the Code of Criminal Procedure, 1973 (2 of 1974) (hereafter in this Chapter referred to as the Code of Criminal Procedure) in Section 26. In the proviso to clause (a), for the words, figures and letters “offence under Section 376 and Sections 376A to 376D of the Indian Penal Code (45 of 1860) the words. figures and letters “offence under Section 376. Section 376A, Section 376B. Section 376C. Section 376D or Section 376E of the Indian Penal Code (45 of 1860)” shall be substituted.
2. Amendment of Section 54A.– In Section 54A of the Code of Criminal Procedure, the following provisos shall be inserted, namely:-
“Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with:
Provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process shall be videographed.”.
3. Amendment of Section 154.- In Section 154 of the Code of Criminal Procedure, in sub-section (1), the following provisos shall be inserted. namely:-
“Provided that if the information is given by the woman against whom an offence under Section 326A, Section 326B. Section 354, Section 354A, Section 354B, Section 354C, Section 354D, Section 376, Section 376A. Section 376B, Section 376C, Section 376D, Section 376E or Section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:
Provided further that–
(a) in the event that the person against whom an offence under Section 354. Section 354A, Section 354B, Section 354C, Section 354D, Section 376. Section 376A, Section 376B, Section 376C. Section 376D, Section 376E or Section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, is temporarily or permanently 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. In the presence of an interpreter or a special educator. as the case may be;
(b) the recording of such information shall be videographed:
(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of Section 164 as soon as possible.”.
4. Amendment of Section 160.- In Section 160 of the Code of Criminal Procedure, in sub-section (1), in the proviso, for the words “under the age of fifteen years or woman”, the words “under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person” shall be substituted.
5. Amendment of Section 161.- In Section 161 of the Code of Criminal Procedure. In sub-section (3), after the proviso, the following proviso shall be inserted, namely:-
“Provided further that the statement of a woman against whom an offence under Section 354, Section 354A, Section 354B, Section 354C. Section 354D, Section 376, Section 376A, Section 376B, Section 376C, Section 376D, Section 376E or Section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer.”.
6. Amendment of Section 164.- In Section 164 of the Code of Criminal Procedure, after sub-section (5), the following sub-section shall be inserted, namely:-
“(5A) (a) In cases punishable under Section 354, Section 354A, Section 354B, Section 354C, Section 354D, sub-section (1) or sub-section (2) of Section 376, Section 376A. Section 376B, Section 376C. Section 376D. Section 376E or Section 509 of the Indian Penal Code (45 of 1860), the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police:
Provided that if the person making the statement is temporarily or permanently mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement:
Provided further that if the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be videographed.
(b) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in Section 137 of the Indian Evidence Act, 1872 (1 of 1872) such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.”.
7. Amendment of Section 173.- In Section 173 of the Code of Criminal Procedure, in sub-section (2), in sub-clause (h) of clause (1), for the words. figures and letter “or 376D of the Indian Penal Code (45 of 1860)”, the words, figures and letters “376D or Section 376E of the Indian Penal Code (45 of 1860)” shall be substituted.
8. Amendment of Section 197.-In Section 197 of the Code of Criminal Procedure, after sub-section (1), the following Explanation shall be inserted. namely:-
Explanation. For the removal of doubts it is hereby declared that no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under Section 166A, Section 1668. Section 354, Section 354A. Section 354B. Section 354C, Section 354D. Section 370, Section 375. Section 376, Section 376A. Section 376C. Section 376D or Section 509 of the Indian Penal Code (45 of 1860).”.
9. Insertion of new Section 198B.-After Section 198A of the Code of Criminal Procedure, the following section shall be inserted, namely:-
“198B. Cognizance of offence. No Court shall take cognizance of an offence punishable under Section 376B of the Indian Penal Code (45 of 1860) where the persons are in a marital relationship. except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband.”.
10. Amendment of Section 273.-In Section 273 of the Code of Criminal
Procedure. before the Explanation, the following proviso shall be inserted, namely:-“Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.”.
11. Amendment of Section 309.-In Section 309 of the Code of Criminal Procedure, for sub-section (1), the following sub-section shall be substituted. namely:-
“(1) In every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined. unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded:
Provided that when the inquiry or trial relates to an offence under Section 376, Section 376A. Section 376B, Section 376C or Section 376D of the Indian Penal Code (45 of 1860). 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.”.
12. Amendment of Section 327.- In Section 327 of the Code of Criminal Procedure, in sub-section (2), for the words, figures and letter “or Section 376D of the Indian Penal Code (45 of 1860)”. the words, figures and letters “Section 376D or Section 376E of the Indian Penal Code (45 of 1860)” shall be substituted.
13. Insertion of new Sections 357B and 357C.-After Section 357A of the Code of Criminal Procedure, the following sections shall be inserted, namely:-
“357B. Compensation to be in addition to fine under Section 326A or Section 376D of Indian Penal Code. The compensation payable by the State Government under Section 357A shall be in addition to the payment of fine to the victim under Section 326A or Section 376D of the Indian Penal Code (45 of 1860).
357C. Treatment of victims. All hospitals, public or private, whether run by the Central Government, the State Government, local bodies, or any other person, shall immediately, provide the first-aid or medical treatment. free of cost, to the victims of any offence covered under Section 326A, 376. 376A, 376B, 376C, 376D or Section 376E of the Indian Penal Code (45 of 1860) and shall immediately inform the police of such incident.”.
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