Amendment in Criminal Law India 2013-Rape Case-Sexual Harassment.

The Criminal Law (Amendment) Ordinance, 2013

 

New offences

This new Ordinance created some new offences or have expressedly created certain offences which were dealt under related laws. These new offences like, acid attack, sexual harassment, voyeurism, stalking has been incorporated into the Indian Penal Code (IPC).

Section Offence Punishment Notes

326A      Acid attack          Imprisonment not less than ten years but which may extend to imprisonment for life and with fine which may extend to ten lakh rupees     Gender neutral

326B      Attempt to Acid attack  imprisonment not less than five years but which may extend to seven years, and shall also be liable to fine Gender neutral

354A      Sexual harassment          Rigorous imprisonment upto five years, or with fine, or with both in case of offence described in clauses (i) & (ii)

Imprisonment upto one year, or with fine, or with both in other cases

Gender neutral

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or

(ii) a demand or request for sexual favours; or

(iii) making sexually coloured remarks; or

(iv) forcibly showing pornography; or

(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

354B      Public disrobing of woman           Imprisonment not less than three years but which may extend to seven years and with fine.             Assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked in any public place

354C      Voyeurism          In case of first conviction, imprisonment not less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.      Watching or capturing a woman in “private act”, which includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy, and where the victim’s genitals, buttocks or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the person is doing a sexual act that is not of a kind ordinarily done in public.

 

354D      Stalking                Imprisonment not less than one year but which may extend to three years, and shall also be liable to fine   Gender neutral. Whoever follows a person and contacts, or attempts to contact such person to foster personal interaction repeatedly, despite a clear indication of disinterest by such person, or whoever monitors the use by a person of the internet, email or any other form of electronic communication, 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

 

Rape Cases:

 

 

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