The Criminal Law Amendment Act, 2013 and Women’s Safety

The Criminal Law (Amendment) Act, 2013 is a crucial piece of legislation that introduced significant changes to India’s criminal justice system, primarily focusing on enhancing the safety and protection of women. This act amended the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), the Indian Evidence Act, and the Protection of Children from Sexual Offences Act (POCSO Act). This blog post will explore the key amendments made by this act.

Background and Need for the Amendment

The Criminal Law Amendment Act, 2013 was enacted in response to the widespread public outcry for stronger laws to address the issue of sexual violence, especially in the aftermath of the Delhi gang rape case in 2012. The Act sought to make legal provisions more stringent and to provide a more effective justice system for victims of sexual violence.

Key Amendments to the Indian Penal Code (IPC)

The Act introduced several critical changes to the Indian Penal Code:

1. Self-Defense Against Acid Attacks (Section 100):

   • A new clause was added to Section 100 of the IPC, allowing a person to use force in self-defense against an acid attack or an attempted acid attack if there is a reasonable apprehension of grievous hurt.

2. Punishment for Public Servants Disobeying the Law (Section 166A):

   • This section was added to penalize public servants who knowingly disobey any lawful direction, especially those that are relevant in an investigation related to sexual violence. The punishment may include rigorous imprisonment for a term which is not less than six months but may extend upto two years and also includes fine.

3. Punishment for Denial of Treatment to Victims (Section 166B):

   • This section was added to punish any person in charge of a hospital that denies medical treatment to a victim of sexual assault. The punishment may extend to one year and or with fine or with both.

4. Acid Attacks and Related Offenses (Sections 326A & 326B):

   • Section 326A was added to deal specifically with acid attacks and causing permanent or partial damage, deformity, burns, or maiming. The punishment is imprisonment for not less than 10 years (may extend to life imprisonment) and fine, that is to be paid to the victim.

   • Section 326B was added to punish the act of throwing or attempting to throw acid on a person. The punishment can range from 5-7 years imprisonment along with a fine.

• The Act defines “acid” to include any substance with a corrosive or burning character that can cause bodily injury.

1. Sexual Harassment (Section 354A):

   • This new section defines sexual harassment to include unwelcome physical contact, requests for sexual favors, showing pornography against will, and making sexually coloured remarks.

   • Punishments range from up to one year imprisonment for making sexually coloured remarks to up to three years imprisonment, with or without a fine for the other types of sexual harassment.

2. Disrobing a Woman (Section 354B):

   • Assaulting or using criminal force to disrobe a woman is now an offense punishable with imprisonment (not less than three years, and may extend upto 7 years) and fine.

3. Voyeurism (Section 354C):

   • Capturing and/or disseminating the image of a woman performing a private act without her consent now has become an offence.

   • First-time offenders may face imprisonment up to three years with a fine, subsequent offences can attract imprisonment up to seven years with a fine.

   • The Act clarifies that the victim must be in a space where they reasonably expect privacy.

4. Stalking (Section 354D):

   • Following, contacting, or monitoring a woman against her will, despite a clear indication of disinterest, is now an offense.

   • First-time offenses carry imprisonment up to three years with fine and subsequent offenses carry imprisonment up to 5 years with fine.

5. Trafficking (Sections 370 and 370A):

   • The definition of “trafficking” was broadened to include exploitation and any act of procuring, transporting, harboring, or receiving a person for exploitation.

   • The Act also recognizes that consent of the victim is immaterial in determining this offense.

   • Trafficking is punishable with rigorous imprisonment from 7 years to life depending on the nature of the offense and whether the victim is a minor. The Act also adds a mandatory life imprisonment for trafficking more than one minor.

   • Engaging a trafficked person in sexual exploitation is an offense punishable from 3-7 years and a fine.

6. Rape (Section 375 and 376):

   • The definition of rape was expanded to include penile penetration into any orifice and also any form of manipulation that creates penetration.

   • The Act also clarifies “consent”, as unequivocal voluntary agreement in both verbal and non verbal forms.

   • The punishment for rape was made more stringent, with a minimum of seven years imprisonment, which may extend to life imprisonment and also include a fine. The Act also defines multiple specific situations where imprisonment of not less than 10 years may be imposed.

   • Rape in certain circumstances, such as those involving a police officer, a public servant, a person in a position of authority or a relative carries a more severe punishment, including life imprisonment.

   • If rape results in the death or vegetative state of the victim, the imprisonment is not less than 20 years which can be life imprisonment or death.

   • If rape is committed by a group, all members are responsible and subject to minimum of 20 year imprisonment which may extend to life imprisonment and fine.

7. Sexual Intercourse with Separated Wife (Section 376B):
   * Sexual intercourse with a wife living separately, without her consent, is now an offense with a minimum 2 year imprisonment which may extend to seven years.

8. Sexual Intercourse by a Person in a Position of Authority (Section 376C):

   • Abuse of position to engage a woman in sexual intercourse is an offence punishable with rigorous imprisonment for a period of not less than 5 years and may extend to 10 years and with a fine.

9. Punishment for Repeat Offenses (Section 376E):
   * A repeat offender, already convicted under Section 376, 376A, or 376D, may be punished with life imprisonment or death.

10. Increased Punishment for Word, Gesture or Act intended to insult the modesty of a woman (Section 509):

    • The punishment for insulting the modesty of a woman has been increased from a simple imprisonment for one year to a simple imprisonment for three years and with a fine.

Key Amendments to the Code of Criminal Procedure (CrPC)

The CrPC was also amended to strengthen the legal processes for cases of sexual violence:

1. Recording the Statement of the victim

   • If the victim is a woman, then it must be recorded by a woman police officer.

   • The statement can be recorded at the victims residence or a convenient location when the victim is vulnerable, under the presence of an interpreter/ special educator.

   • If the victim has any disability, then the statement must be recorded by the judicial magistrate in the presence of an interpreter or a special educator and must be videographed.

   • If the victim is a minor, then such measures must be put in place to protect their identity while taking down a statement and recording the evidence.

2. Mandatory Medical Examination and Treatment: All public and private hospitals are mandated to provide immediate medical assistance to victims of sexual offences, which includes an acid attack, with all expenses being free of cost, and to immediately inform the police about it.

3. Time-Bound Trials: In cases of rape, the law mandates day to day hearings and all trials relating to these offences must be completed in two months from the filing of chargesheet.

4. Designated Special Courts: The Act allows the Central and State Governments to set up special courts for faster trials of offenses related to sexual violence.

Key Amendments to the Indian Evidence Act

The Indian Evidence Act was amended to ensure a fair trial and also to safeguard the interests of the victims:

1. Character Evidence of the Victim: Evidence of a victim’s character is deemed irrelevant in cases of sexual violence.

2. Presumption of Lack of Consent: When an instance of sexual intercourse has been proven, and the victim denies consent, the law will presume it was done without her consent.

3. Recording Evidence of Persons with Disabilities: The Act enables persons with disabilities to record statements with the aid of an interpreter or a special educator. These statements must also be videographed.

4. Cross Examination of the Victim: The Act restricts questioning about the victim’s past sexual behavior, character, and other immoral attributes to determine if consent was given.

Other Key Aspects

• Special Courts: State and Central governments have been empowered to establish special courts for speedy trials of offenses under this Act.

• Compensation for Victims: Victims are provided with a framework for monetary compensation for medical and other expenses, including for rehabilitation.

Conclusion

The Criminal Law Amendment Act, 2013, significantly changed the landscape of Indian criminal law to protect women by creating a legal system that is sensitive to the nuances of gender based violence. It addresses several loopholes and shortcomings in previous laws, strengthening measures against sexual harassment, acid attacks, stalking, and human trafficking. The Act is an important step towards empowering women and creating a safer society for them.