The Criminal Law (Chhattisgarh Amendment) (IPC, 1860) Act, 2013

1. (1) This Act may be called the Criminal Law (Chhattisgarh Amendment) Act, 2013. (2) It shall come into force from the date of its publication in the Official Gazette.

In Section 211 of the Indian Penal Code, 1860 (here-in-after referred to as the Penal Code), the following proviso shall be inserted, namely :- Provided that, if such criminal proceeding be instituted on a false charge, of an offence punishable under section 354, section 354A, section 354B, section 354C; section 354D, section 354E, section 376B, section 376C, section 376F, section 509, section 509A or section 509B shall be punishable with imprisonment of either description which shall not be less than three years but which may extend to five years and shall also be liable to fine.

In Section 354 of the Penal Code, the following proviso shall be inserted, namely :- Provided that where offence is committed, under this Section by a relative, guardian or teacher or a person in a position of trust or authority towards the person assaulted, he shall be punishable with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years and shall also be liable to fine.

After Section 354D ofthe Penal Code, the following shall be inserted, namely :- "354E. Liability person present who fails to prevert th€ commission ofoffence under Section 354, 354A, 3548, 354C, 354D,- Whoever, being present at the time of commission ofan offence under section 354, section 354A, section 354B, section 354C or section 354D and being able to prevent such offence, fails to prevent the commission ofsuch offence or not being in position to prevent the commission of such offence, fails to give information ofthe commission ofsuch offence to the nearest magistrate or police officer, by any mode, with the intention of screening the offender lrom legal punishment, shall be liable for abetment ofsuch offence and shall be punished with imprisonment oleither description which may extend to three years or with fine or with both."

After Section 376E ofthe Penal Code, the following shall be inserted, namely :- "376F. Liability ofperson in-charge ofworkplace and others to give iflformation about offence.- Whoever, being perosn in-charge of any work place or any other person present at such place, having knowledge that an offence under section 376 or section 376D, is being committed at such place and being in a position to prevent commission of such offence iails so, to prevent such offence or to give information of the commission ofsuch offence, to any magistrate or police officer, by any mode, with the intention of screening the olfender from legal punishment, shall be liable to be punished for abetment of such offence with imprisonment of either description which may extend to three years and fine and no such person shall incurany liability for giving such information. Explanation :- Work-place includes any mode oftransport owned, hired or otherwise engaged by the person in-charge ofthe work place for the conveyance ofthe woman, who was subjected to such offence, to and from her residence to such work-place."

After Section 509 ofthe Penal Code, the following shall be inserted, namely :- "509A. Sexual harassment by realtive.- Whoever, being related to a woman through blood, adoption or marrige, and not being her husband, takes the advantage of his proximity and induces, seduces or threatens such woman with intent to insult her modesty by word, gesture or act shall be punished with rigorous imprisonment which shall not be less than one year but wh ich may extend to five years and shall also be Iiable to fine. 509B. Sexual harassment by €lectronic modes.- Whoever, by means of telecommunication device or by any other electronic mode including internet, makes, creates, solicits or initiates the transmission of any comment, request, suggestion, proposal, image or other communication , which is obscene, lewd, lascivious, filthy or indecent with intent to harass or cause or having knowledge that it would harass or cause annoyance or mental agony to a woman shall be punished with rigorous imprisonment for a term which shall not be less than six months but may extend to two lears and shall also be liable to fine."

ln first proviso to sub-section (1) ofsection 154 of the Code of Criminal Procedure (here-in-after referred to as the Code) for the words and figure "or section 509" the words, figures, letters and punctuations ",section 509, section 509A or section 5098" shall be substituted.

Th second proviso to sub-section (3) ofsection 161 ofthe Code, shall be substituted with the following proviso. namely :- "Provided further that statement ofthe woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 354E, section 376, section 3764, section 3768, section 376C, section 376D, section 376E, section 509, section 509A or section 5098 olthe Indian Penal Code, is alleged to have been commifted or attempted, shall be recorded, as far as possible, by woman police officer and shall also be recorded by audio-video means, as far as possible, and it shall be the duty ofsuch police officer to take all such steps as are necessary to protect the identity ofthe woman."

ln clause (a) ofsub-section (5A) ofSection 164 ofthe Code, for the words and figures "or section 509" the punctuation, words and figures ",section 376F, section 509, section 509A or section 509B" shall be substituted.

ln Section 164A., except explanation clause, of the Code, for the words "registered medical practitioner", where it occurs for the first time, the words "female registered medical practitioner" shall be substituted.

In proviso to sub-section (l) ofSection 309 ofthe Code, for the words, figures and letters "section 3 76, section 3 764, section 3 768, section 3 76C or section 37 6D" , the words, figures and letters "section 354, section 3544, section 3548, section 354C, section 354D, section 354E, section 376, section 3764, section .376B, section 376C, section 376D, section 376E, section 376F, section 509, section 509A. or section 5098" shall be substituted.

In sub-section (2) ofthe section 327 ofthe Code, for the words, figures and letters "or an offence under section 376, section 376,4, section 376B, section 376C, section 376D or section 376E ofthe Indian Penal Code", the words, figures, letters and punctuations "sexual herassment, outraging modesty ofwoman or an offence under section 354, section354A., section 3548, section 354C, section 354D, section 354E. section 376, section 3764, section 376B, section 376C, section 376D. section 376E, section 376F, section 509, section 509,4 or section 5098 of the Indian Penal Code" shall be substituted.

In First Schedule to the Code, under the heading " l.- OFFENCES UNDER THE INDIAN PENAL CODE, 1860"- (a) In the entries relating to Section 211, the following entries shall be added, namely:- [Table entries: If offence charged be punishable under Ss. 354, 354A, 354B, 354C, 354D, 354E, 376B, 376C, 376F, 509, 509A or 509B; Imprisonment not less than 3 years but which may exted to 5 years and fine; Non-Bailable; Cognizable; Magistrate of the first class.] (b) In the entries relating to Section 354, the following entries shall be added, namely :- [Table entries: If committed by relative of the woman- Imprisonment not less than 2 years but which may extend to 7 years and fine; Cognizable; Non-Bailable; Magistrate of the first class.] (c) After the entries relating to Section 354D, the following shall be inserted, namely :- [Table entries: 354E; Liability of person present who fails to prevent the commission of offence under Ss. 354, 354A, 354B, 354C or 354D; Imprisonment upto 3 years or fine or both; Cognizable; Bailable; Any Magistrate.] (d) After the entries relating to Section 376E, the following shall be inserted, namely:- [Table entries: Liability of person in-charge of any work place and others to give information about offence; Imprisonment upto 3 years and fine; Cognizable; Non-Bailable; Magistrate of first class.] (e) After the entries relating to Section 509, the following shall be inserted, namely :- [Table entries: 509A Sexual harassment by relative; Rigorous imprisonment not less than 1 year but which may extend upto 5 years and fine; Cognizable; Non-Bailable; Magistrate of first class. 509B Sexual harassment by electronic modes; Rigorous imprisonment not less than 6 months but which may extend upto 2 years and fine; Cognizable; Non-Bailable; Magistrate of first class.]

After section 114A of the Indian Evidence Act, the following shall be inserted, namely :- "114B. Presumption as to offences committed under seclion 354, section 354A' section 3548, section 354C, section 354D, section 509, section 509A or section 5098 ofthe Indian Penal Code, 1860,- When the question is whether a person has committed an offence under Section 354, section 3544, section 3548, section 354C, section 354D, section 509, section 509A, or section 509B ofthe Indian Penal Code and if the victim deposes belore the court that she has been subjected to sexual harassment or her modesty was outraged or she was disrobed or she was stalked or her privacy was intruded or she was sexually harassed by any means, as the case may be, the court may, unless contrary is proved, presume that such offence has been committed by that person."