Jammu and Kashmir Criminal Laws (AmendÂment) Act, 2013
[Act No. XI of 2014]
[Received the assent of the Governor on 22nd March, 2014 and published in the Government Gazette dated 22nd March, 2014]
Statement of Objects and Reasons
There was countrywide protest and public outcry against incident of gang rape at New Delhi and a need was felt to have a re-look at the existing laws governing the sexual assault and use of brutal force against the women. It was decided by State Government also to have a review of the existing procedural and substance laws on the subject so that such menace is curbed in the society and the guilty are dealt with firmly and speedily under very stringent and effective laws. View/comments/suggestion were sought from all the stakeholders and cross section of society and thereafter a Committee was constituted to formulate the draft amendment on various laws (both procedural and substantive) and also invite suggestions/comments/response from general public by publications of notice on the website of the Department of Law, Justice and Parliamentary Affairs. The Committee submitted its Report to the Government Accordingly, the Bill has been formulated on the issue. It seeks to amend the Ranbir Penal Code, Samvat 1989, Code of Criminal Procedure, Samvat 1989 and Evidence Act, Samvat, 1977 to-
(a) make specific provisions for punishment for the offences of causing grievous hurt by acid attack and also for an attempt thereof;
(b) define and prescribe punishment for the offences of stalking, voyeurism and sexual harassment;
(c) widen the definition of rape: broaden the ambit of aggravated rape: and enhance the punishment thereof;
(d) prescribe for punishment extending to the sentence of death, for an offence where in the course of commission of an offence of rape, the offender inflicts any injury which causes the death of the victim of causes the victim to be in a persistent vegetative state;
(e) punish the repeat offenders of rape with imprisonment for life (which shall mean the remainder of the person's natural life), or with death;
(f) prescribe that those convicted for the offence of gang rape shall be punished with rigorous imprisonment for a minimum of twenty-five years extendable to life (which shall mean the remainder of that person's natural life) and fine, to be paid to the victim to meet the medical expenses;
(g) enhance punishment under sections 294, 354 and 509 of Ranbir Penal Code;
(h) insert section 304-B prescribing for punishment for dowry death;
(i) amend sections 53-A, 154, 160, 161, 164, 198-B, 259-AA. 352 and 353 of the Code of Criminal Procedure, Samvat 1989 for providing for women friendly procedures: greater sensitivity to the requirement of physically and mentally disabled persons, children and old persons in the course of investigation and trial including speedy trial of rape cases and better recording of evidence;
(j) provide that all hospitals shall immediately provide first aid and/or medical treatment, free of cost to the victims of acid attack or rape and provide for punishment for contravention thereof;
(k) suspension and ultimately cancellation of driving licence of any person convicted of offences under sections 294 and 376 of Ranbir Penal Code, Samvat 1989;
CD provide that the compensation payable by the State shall be in addition to the payment of fine to the victim:
(m) amend the Indian Evidence Act, Samvat 1977 by way of inserting sections 53A, 114-B, substitution of section 119 and amendment of section 146 to protect the dignity of women;
(n) amend Ranbir Penal Code, Samvat 1989 and Evidence Act, Samvat 1977 to make it compatible with the Information Technology Act, 2000.
Hence the Bill.
An Act to amend the Ranbir Penal Code, Samvat 1989, the Code of Criminal Procedure, Samvat 1989 and the Evidence Act, Samvat 1977.
Be it enacted by the State Legislature in Sixty-fourth year of Republic of India as follows:-
Chapter I
Preliminary
1. Short title and commencement
(1) This Act may be called the Jammu and Kashmir Criminal Laws (Amendment) Act, 2013.
(2) It shall come into force from the date of its publication in the Govt Gazette.
Chapter II
Amendments to The Ranbir Penal Code
2. Amendment of section 29-A, Act No. XII of Samvat 1989
In the State Ranbir Penal Code (hereafter in this Chapter referred to as the "Penal Code"), the full stop at the end of the said section shall be omitted and thereafter following shall be added, namely:-
"and computer resource shall have the meaning assigned to them in clause (k) of sub-section (1) of section 2 of Information Technology Act, 2000."
3. Amendment of section 100, Act XII of 1989
In section 100 of the Penal Code, after clause Sixthly, the following clause shall be inserted, namely:-
"Seventhly.-An act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act."
4. Insertion of sections 166A and 166B, Act XII of 1989
After section 166 of the Penal Code, the following sections shall be inserted, namely:-
"166A. Public servant disobeying direction under law.-
Whoever, being a public servant,-
(a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter; or
(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation; or
(c) fails to record any information given to him under sub- section (1) of section 154 of the Code of Criminal Procedure, Samvat 1989 (1933 A.D.) in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509;
shall be punished with imprisonment for a term which may extend to one year and with fine.
166B. Punishment for non-treatment of victim.-Whoever, being incharge of a hospital, public or private, whether run by the Central Government, the State Government, Local Bodies or any other person, contravenes the provisions of section 545C of the Code of Criminal Procedure, Samvat 1989, shall be punished with imprisonment for a term which may extend to one year or with fine or with both."
5. Amendment of section 228A, Act XII of 1989
In section 228A of the Penal Code, for the words, figures and letters, "section 376, 376-A, 376-B, 376-C or 376-D", the words, figures and letters "section 376, 376A, 376B, 376C, 376D or 376E" shall be substituted.
6. Amendment of section 294
In section 294 of the Penal Code for the words, "shall be punished with imprisonment of either description for a term which may extend to three months or with fine or with both", the words, "shall be punished with imprisonment of either description for a term of six months which may extend to three years and shall also be liable to fine," shall be substituted.
7. Insertion of section 304-B, Act XII of 1989
After section 304-A of the Penal Code, the following section shall be inserted namely:
"304-B. Dowry death.-(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.
Explanation 1:-For the purpose of this sub-section, "dowry" &hall have the same meaning as in section 2 of the Dowry Restraint Act, 1960 A.D.
Explanation 2:-For the purpose of this sub-section, "cruelty" shall have the same meaning as in section 498-A of this Code.
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life."
8. Insertion of sections 326A and 326B, Act XII of 1989
After section 326 of the Penal Code, the following sections shall be inserted, namely:-
"326A. Voluntarily causing grievous hurt by use of acid, etc.-Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life and with fine which may extend to ten lakh rupees:
Provided that any fine imposed under this section shall be given to the person on whom acid was thrown or to whom acid was administered.
326B. Voluntarily throwing or attempting to throw acid, etc.-Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years put which may extend to seven years, and shall also be liable to fine.
Explanation 1:-For the purposes of section 326A and this section, "acid" includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.
Explanation 2:-For...
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