The Bharatiya Nyaya (Second) Sanhita, 2023 |The LexSphere Library

SECTION Section 1

Untitled Section

•Short title and

commencement.

•THE CRIMINAL LAW (AMENDMENT) ACT, 2018

NO.22 OF 2018

•[11th August, 2018.]

•An Act further to amend the Indian Penal Code, Indian Evidence Act, 1872, the

•Code of Criminal Procedure, 1973 and the Protection of Children from

•Sexual Offences Act, 2012.

•BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as

•follows:—

SECTION Section 10

Untitled Section

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

SECTION Section 11

Untitled Section

3.In section 228A of the Penal Code, in sub-section ( 1), 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 Section 12

Untitled Section

•section 376DA, section 376DB" shall be substituted.

SECTION Section 13

Untitled Section

4.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.".

SECTION Section 14

Untitled Section

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

•"376AB. 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.".

SECTION Section 15

Untitled Section

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

•"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.

•Insertion of

•new section

376AB.

•45 of 1860.

•Punishment

•for rape on

•woman under

•twelve years of

age.

•Insertion of

•new sections

•376DA and

376DB.

•Punishment

•for gang rape

•on woman

•under sixteen

•years of age.

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 3

•Amendment of

SECTION Section 16

Untitled Section

•section 53A.

376DB.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.".

SECTION Section 17

Untitled Section

7.In section 376E of the Penal Code, for the word, figures and letter "section 376D",

•the words, figures and letters "section 376AB or section 376D or section 376DA or

SECTION Section 18

Untitled Section

•section 376DB," shall be substituted.

SECTION Section 19

Untitled Section

•CHAPTER III

•A

•MENDMENTS TO THE INDIAN EVIDENCE ACT, 1872

SECTION Section 2

Untitled Section

•CHAPTER I

•PRELIMINARY

SECTION Section 20

Untitled Section

8.In section 53A of the Indian Evidence Act, 1872 (hereafter in this Chapter referred to

•as the Evidence Act), for the words, figures and letters "section 376A, section 376B,

SECTION Section 21

Untitled Section

•section 376C, section 376D", the words, figures and letters "section 376A, section 376AB,

SECTION Section 22

Untitled Section

•section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

SECTION Section 23

Untitled Section

9.In section 146 of the Evidence Act, in the 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 376B, section 376C, section 376D, section 376DA,

SECTION Section 24

Untitled Section

•section 376DB" shall be substituted.

SECTION Section 25

Untitled Section

•CHAPTER IV

•A

•MENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973

SECTION Section 26

Untitled Section

10.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 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 Section 27

Untitled Section

•section 376DA, section 376DB" shall be substituted.

SECTION Section 28

Untitled Section

11.In section 154 of the Code of Criminal Procedure, in sub-section (1),—

(i)in the first proviso, for the words, figures and letters "section 376A,

SECTION Section 29

Untitled Section

•section 376B, section 376C, section 376D", the words, figures and letters

•"section 376A, section 376AB, section 376B, section 376C, section 376D,

SECTION Section 3

Untitled Section

1.(1) This Act may be called the Criminal Law (Amendment) Act, 2018.

(2)It shall be deemed to have come into force on the 21st day of April, 2018.

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•EXTRAORDINARY

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•PART II — Section 1

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•PUBLISHED BY AUTHORITY

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No.35] NEW DELHI, SATURDAY, AUGUST 11, 2018/SHRA V ANA 20, 1940 (SAKA)

•bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA

•Separate paging is given to this Part in order that it may be filed as a separate compilation.

•REGISTERED NO. DL—(N)04/0007/2003—18

•MINISTRY OF LAW AND JUSTICE

•(Legislative Department)

•New Delhi, the 11th August, 2018/Shravana 20, 1940 (Saka)

•The following Act of Parliament received the assent of the President on the

•11th August, 2018, and is hereby published for general information:—

•2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•Amendment

•of section

166A.

•Amendment of

SECTION Section 30

Untitled Section

•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,

SECTION Section 31

Untitled Section

•section 376DA, section 376DB," shall be substituted.

SECTION Section 32

Untitled Section

12.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 Section 33

Untitled Section

•section 376D", the words, figures and letters "section 376A, section 376AB, section 376B,

SECTION Section 34

Untitled Section

•section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

SECTION Section 35

Untitled Section

13.In section 164 of 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 Section 36

Untitled Section

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

•Punishment

•for gang rape

•on woman

•under twelve

•years of age.

•Amendment of

SECTION Section 37

Untitled Section

•section 376E.

•Amendment of

SECTION Section 38

Untitled Section

•section 146.

•Amendment of

SECTION Section 39

Untitled Section

•section 26.

•Amendment of

SECTION Section 4

Untitled Section

•section 228A.

•Amendment of

SECTION Section 40

Untitled Section

•section 154.

•2 of 1974.

•1 of 1872.

•Amendment of

SECTION Section 41

Untitled Section

•section 161.

•Amendment of

SECTION Section 42

Untitled Section

•section 164.

•4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

SECTION Section 43

Untitled Section

14.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 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 word, figures and

•letters "section 376, 376A, 376B, 376C, 376D", the word, figures and letters "sections

•376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB" shall be substituted.

SECTION Section 44

Untitled Section

15.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 Section 45

Untitled Section

•section 376DA, section 376DB" shall be substituted.

SECTION Section 46

Untitled Section

16.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 Section 47

Untitled Section

•section 376DA or section 376DB of the Indian Penal Code, the inquiry or trial shall" shall be

substituted.

SECTION Section 48

Untitled Section

17.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 376C, section 376D,

SECTION Section 49

Untitled Section

•section 376DA, section 376DB" shall be substituted.

SECTION Section 5

Untitled Section

•section 376.

SECTION Section 50

Untitled Section

18.In section 357B of the Code of Criminal Procedure, for the words, figures and letters

•"under section 326A or section 376D of the Indian Penal Code", the words, figures and

•letters "under section 326A, section 376AB, section 376D, section 376DA and section 376DB

•of the Indian Penal Code" shall be substituted.

SECTION Section 51

Untitled Section

19.In section 357C of the Code of Criminal Procedure, for the figures and letters

•"376A, 376B, 376C, 376D", the figures and letters "376A, 376AB, 376B, 376C, 376D, 376DA,

•376DB" shall be substituted.

SECTION Section 52

Untitled Section

20.In section 374 of the Code of Criminal Procedure, after sub-section (3), the following

•sub-section shall be inserted, namely:—

•"(4) When an appeal has been filed against a sentence passed under

SECTION Section 53

Untitled Section

•section 376, section 376A, section 376AB, section 376B, section 376C, section 376D,

SECTION Section 54

Untitled Section

•section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal

•shall be disposed of within a period of six months from the date of filing of such appeal.".

SECTION Section 55

Untitled Section

21.In section 377 of the Code of Criminal Procedure, after sub-section (3), the following

•sub-section shall be inserted, namely:—

•"( 4) When an appeal has been filed against a sentence passed under

SECTION Section 56

Untitled Section

•section 376, section 376A, section 376AB, section 376B, section 376C, section 376D,

SECTION Section 57

Untitled Section

•section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal

•shall be disposed of within a period of six months from the date of filing of such appeal.".

SECTION Section 58

Untitled Section

22.In section 438 of the Code of Criminal Procedure, after sub-section (3), the following

•sub-section shall be inserted, namely:—

•"(4) Nothing in this section shall apply to any case involving the arrest of any

•person on accusation of having committed an offence under sub-section ( 3) of

SECTION Section 59

Untitled Section

•section 376 or section 376AB or section 376DA or section 376DB of the Indian

•Penal Code.".

•Amendment of

SECTION Section 6

Untitled Section

•CHAPTER II

•AMENDMENTS TO THE INDIAN PENAL CODE

SECTION Section 60

Untitled Section

•section 173.

•Amendment of

SECTION Section 61

Untitled Section

•section 197.

•Amendment of

SECTION Section 62

Untitled Section

•section 309.

•Amendment of

SECTION Section 63

Untitled Section

•section 327.

•45 of 1860.

•Amendment of

SECTION Section 64

Untitled Section

•section 357B.

•Amendment of

SECTION Section 65

Untitled Section

•section 357C.

•Amendment of

SECTION Section 66

Untitled Section

•section 374.

•Amendment of

SECTION Section 67

Untitled Section

•section 377.

•45 of 1860.

•Amendment of

SECTION Section 68

Untitled Section

•section 438.

•45 of 1860.

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 5

SECTION Section 69

Untitled Section

23.In section 439 of the Code of Criminal Procedure,—

(a)in sub-section ( 1), after the first proviso, the following proviso shall be

•inserted, namely: —

•"Provided further that the High Court or the Court of Session shall, before

•granting bail to a person who is accused of an offence triable under sub-section (3)

•of section 376 or section 376AB or section 376DA or section 376DB of the

•Indian Penal Code, give notice of the application for bail to the Public Prosecutor

•within a period of fifteen days from the date of receipt of the notice of such

application.";

(b)after sub-section (1), the following sub-section shall be inserted, namely:—

•"(1A) The presence of the informant or any person authorised by him shall

•be obligatory at the time of hearing of the application for bail to the person under

•sub-section ( 3) of section 376 or section 376AB or section 376DA or

SECTION Section 7

Untitled Section

2.In the Indian Penal Code (hereafter in this Chapter referred to as the Penal Code), in

SECTION Section 70

Untitled Section

•section 376DB of the Indian Penal Code.".

SECTION Section 71

Untitled Section

24.In the First Schedule to the Code of Criminal Procedure, under the heading "I.—

•OFFENCES UNDER THE INDIAN PENAL CODE", —

(a)for the entries relating to section 376, the following entries shall be substituted,

•namely:—

•Section Offence Punishment Cognizable or Bailable or By what

•Non-congnizable Non-bailable Court triable

•12 3 4 5 6

•"376 Rape. Rigorous imprisonment Cognizable Non-bailable Court of

•of not less than 10 years Session.

•but which may extend

•to imprisonment for life

•and with fine.

•Rape by a police

•officer or a public

•servant or member of

•armed forces or a

•person being on

•the management

•or on the staff

•of a jail, remand

•home or other

•place of custody

•or women's

•or children's

•institution or by

•a person on the

•management or

•on the staff of a

•hospital, and

•rape committed

•by a person in a

•position of trust

•or authority

•towards the person

•raped or by a

•near relative of

•the person raped.

•Amendment of

SECTION Section 72

Untitled Section

•section 439.

•45 of 1860.

•Amendment of

•First Schedule.

•Rigorous imprisonment

•of not less than 10 years

•but which may extend to

•imprisonment for life

•which shall mean the

•remainder of that person's

•natural life and with fine.

•Cognizable Non-bailable Court of

Session.

•45 of 1860.

•6 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—

•12 3 4 5 6

•Persons

•committing

•offence of rape

•on a woman

•under sixteen

•years of age.

(b)after the entries relating to section 376A, the following entries shall be

•inserted, namely:—

•12 3 4 5 6

•"376AB Person committing Rigorous imprisonment Cognizable Non-bailable Court of

•an offence of rape of not less than 20 years Session.";

•on a woman but which may extend

•under twelve to imprisonment

•years of age. for life which

•shall mean

•imprisonment

•for the remainder

•of that person's

•natural life and

•with fine or

•with death.

(c)after the entries relating to section 376D, the following entries shall be inserted,

•namely:—

•12 3 4 5 6

•"376DA Gang rape on a Imprisonment Cognizable Non-bailable Court of

•woman under sixteen for life which shall Session.

•years of age. mean imprisonment for

•the remainder of that

•person's natural life

•and with fine.

•376DB Gang rape on Imprisonment for Cognizable Non-bailable Court of

•woman under life which shall Session.".

•twelve mean imprisonment

•years of age. for the remainder of

•that person's natural

•life and with fine or

•with death.

SECTION Section 73

Untitled Section

•CHAPTER V

•AMENDMENT TO THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

SECTION Section 74

Untitled Section

25.In section 42 of the Protection of Children from Sexual Offences Act, 2012, for the

•figures and letters "376A, 376C, 376D", the figures and letters "376A, 376AB, 376B, 376C,

•376D, 376DA, 376DB" shall be substituted.

SECTION Section 75

Untitled Section

26.(1) The Criminal Law (Amendment) Ordinance, 2018 is hereby repealed.

•Amendment of

SECTION Section 76

Untitled Section

•section 42 of

•Act No.32 of

SECTION Section 77

Untitled Section

2012.

•Repeal and

savings.

Ord.No.2

•of 2018.

•Rigorous imprisonment

•for a term which shall not

•be less than 20 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.

•Cognizable Non-bailable Court of

Session.";

SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 7

(2)Notwithstanding such repeal, anything done or any action taken under the Indian

•Penal Code, the Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the

•Protection of Children from Sexual Offences Act, 2012, as amended by the said Ordinance,

•shall be deemed to have been done or taken under the corresponding provisions of those

•Acts, as amended by this Act.

•45 of 1860.

•1 of 1872.

•2 of 1974.

•32 of 2012.

•MGIPMRND—1644GI(S3)—11-08-2018.

•UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002

•AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

•————

•DR . G. NARAYANA RAJU,

•Secretary to the Govt. of India.

SECTION Section 8

Untitled Section

•section 166A, in clause (c), for the words, figures and letters "section 376B, section 376C,

SECTION Section 9

Untitled Section

•section 376D", the words, figures and letters "section 376AB, section 376B, section 376C,