Criminal Law Amendment ordinance act

2013 in India an overview

Written by Renuka

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Criminal Law Amendment Act, 2013

The Criminal Law Amendment Act, 2013 is an Indian legislation passed by the Lok
Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013. It provides for
amendment of Indian Penal Code (IPC), Indian Evidence Act, and Code of Criminal
Procedure, 1973 on laws related to sexual offences.  Due to which Bill received Presidential
assent on 2 April 2013 and came into force from 3 April 2013. It stated originally as
an Ordinance  promulgated by the President of India, Pranab Mukherjee, on 3 April 2013, in
light of the protests in the 2012 Delhi gang rape case.

Reasons for the Enactment

Thus nation-wide spread outrage over the brutal gang rape and subsequent death of the
physiotherapy intern in India’s very own capital city, New Delhi. Due to which which there’s
the driving force behind the passing of the Criminal Law Amendment Act, 2013.  that sought
to amend the existing laws regarding sexual offences in India. The Act deem to be one of the
most important changes that have make in the existing criminal laws namely the Indian Penal
Code, the Code of Criminal Procedure and the Indian Evidence Act.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 607-608 OF 2017
(arising out of S.L.P. (Criminal) Nos. 3119-3120 of 2014)
Mukesh & Anr. …Appellants
Versus
State for NCT of Delhi & Ors. …Respondents
WITH
CRIMINAL APPEAL NOS. 609-610 OF 2017
(arising out of S.L.P. (Criminal) Nos. 5027-5028 of 2014)

The Criminal Law Amendment Ordinance, 2013

New offences:

Thus new Act has expressly recognized certain acts as offences which were
dealt under related laws. These new offences like, acid attack, sexual
harassment, voyeurism, stalking have been incorporated into the Indian Penal
Code:

Thus only protects women against anyone who “Assaults or uses criminal force to any
woman or abets such act with the intention of disrobing or compelling her to be naked.”

Section Offence Punishment Notes

Imprisonment not less than ten years
but which may extend to
imprisonment for life and with fine
326A Acid attack Gender neutral
which shall be just and reasonable to
meet the medical expenses and it
shall be paid to the victim
Imprisonment not less than five
Attempt to
326B years but which may extend to seven Gender neutral
Acid attack
years, and shall also be liable to fine
354A Sexual Rigorous imprisonment up to three Thus it protects Only women.
harassment years, or with fine, or with both in
case of offence described in clauses  Provisions are:
(i), (ii) or (iii)Imprisonment up to
one year, or with fine, or with both 1. physical contact and
in other cases advances involving
unwelcome and explicit
 sexual overtures; or
2. a demand or request for
sexual favors; or
3. making sexually coloured
remarks; or
4. forcibly showing
pornography; or
5. any other unwelcome
physical, verbal or non-
verbal conduct of sexual
nature.

Act with
Imprisonment not less than three
intent to
354B years but which may extend to seven
disrobe a
years and with fine.
woman
Thus it protects Only women.

1. By implication, women
may prey voyeuristically
upon men with impunity.
2. The prohibited action is
defines thus: “Watching or
In case of first conviction,
capturing a woman in
imprisonment not less than one year,
“private act”, which
but which may extend to three years,
includes an act of watching
and shall also be liable to fine, and
carried out in a place
be punished on a second or
which, in the
354C Voyeurism subsequent conviction, with
circumstances.
imprisonment of either description
3. It would reasonably expect
for a term which shall not be less
to provide privacy, and
than three years, but which may
where the victim’s genitals,
extend to seven years, and shall also
buttocks or breasts expose
be liable to fine.
or covere 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 Thus it protects only women
but which may extend to three years, from stalked by men.
and shall also be liable to fine
By implication, women may stalk
men with impunity.

1. The prohibited action

define thus: “To follow a
woman and contact, or
 attempt to contact such
woman to foster personal
interaction repeatedly
despite a clear indication of
disinterest by such woman.
2. Or monitor the use by a
woman of the internet,
email or any other form of
electronic communication.
3. Thus there are exceptions
to this section which
include such act being in
course of preventing or
detecting a crime
authorised by State or in
compliance of certain law
or was reasonable and
justified.”

Criticisms:

1. The law has  severely criticize.

2. It said so for gender biased and giving women the legal authority to commit exactly
the same crimes (against which they seek protection) against men with impunity.
3. However Criminal Law Amendment Ordinance, 2013 has strongly criticize by several
human rights and women’s rights organisations.
4. Its criticized due to neglecting  certain suggestions recommended by the Verma
Committee Report like, marital rape, reduction of age of consent, amending Armed
Forces (Special Powers) Act so that no sanction need for prosecuting an armed force
personnel accused of a crime against woman.
5. Thus the Government of India, replied that it has not rejected the suggestions fully,
but changes can make after proper discussion.

The Criminal Law Amendment Act, 2013

The Bill related criminal law amendment pass 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. Thus Bill received Presidential assent on 2 April 2013 and came into force from 3
April 2013. Later the changes made in the Act in comparison with the Ordinance listed as
follows:

The most important change that takes place is the change in definition of rape and IPC
section 376 (IPC 376) punishment under IPC. Although the Ordinance sought to change the
word rape to sexual assault. In the Act the word ‘rape’ has been retained in Section 375, and
was extended to include acts in addition to vaginal penetration.
The definition broadly word with acts like penetration of penis, or any object or any part of
body to any extent, into the vagina, mouth,  urethra or anus of another person. And/or making
another person do so, apply of mouth or touching private parts constitutes the offence of
sexual assault.

Punishment for offence under clause (i) and (ii) has reduce 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.

Offence Changes
Fine shall be just and reasonable to meet medical expenses for treatment of
Acid attack
victim, while in the Ordinance it was fine up to Rupees 10 lakhs.
Sexual “Clause (v) any other unwelcome physical, verbal or non-verbal conduct of
harassment sexual nature” has been removed.
Thus offence is no longer gender-neutral, only a man can commit the offence
Voyeurism
on a woman.
Thus offence is no longer gender-neutral, only a man can commit the offence
on a woman. The definition has reword and broken down into clauses.

Thus exclusion clause and the following sentence has remove “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”.
Stalking
Furthermore, Punishment for the offence has change.

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

Later, for any subsequent conviction would be liable for imprisonment up to

five years and with fine.
Trafficking of
“Prostitution” has been removed from the explanation clause
person