Introduction 

The Criminal Law (Amendment) Act, 2013, was enacted for growing concerns over crimes against women, particularly in the aftermath of the 2012 Delhi gang-rape incident. This legislation brought significant reforms to the Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC), the Indian Evidence Act, 1872 (IEA), and the Protection of Children from Sexual Offences Act, 2015 (POCSO). The amendments aimed to enhance the legal framework to ensure stricter punishment for sexual offences and provide better protection and justice for victims. 

When was the Criminal Law (Amendment) Act, 2013 Enacted and Enforced? 

The Criminal Law (Amendment) Act, 2013, passed by Parliament and receiving Presidential assent on 2nd April 2013, came into force retrospectively from 3rd February 2013. It introduced several new offences and redefined existing provisions to broaden their scope. Important amendments include provisions related to acid attacks, sexual harassment, voyeurism, stalking, and human trafficking. 

What were the Major Amendments under Criminal Law (Amendment) Act, 2013? 

IPC Amendments 

• Section 100 IPC:  
  • Clause Seventhly was inserted.  
  • The right of private defence was extended against acts of administering, throwing or attempting to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act. 
• Section 166A IPC:  
  • It was inserted after Section 166 IPC. 
  • It penalizes public servants who knowingly disobey legal directions related to investigations or fail to record information regarding cognizable offenses, particularly those involving grievous crimes like acid attacks (Sections 326A and 326B), sexual offenses (Sections 354, 354B, 370, 376, etc.), and other related violations.  
  • Punishment includes rigorous imprisonment for a term which shall not be less than six months, but which may extend to two years, and a fine. 
• Section 166B IPC: 
  • It was inserted to punish non-treatment of victim with imprisonment for a term which may extend to one year or with fine or with both. 
• Sections 326A and 326B IPC: 
  • Section 326A: Penalizes causing grievous harm through acid attacks with imprisonment of 10 years to life and a fine. The section provides that the fine shall be just and reasonable to meet the medical expenses of the treatment of the victim and any fine imposed under this section shall be paid to the victim. 
  • Section 326B: Criminalizes voluntarily throwing or attempting to throw acid with imprisonment of 5–7 years. 
• Sections 354A to 354D IPC: 
  • Section 354A: It was inserted to introduce punishments for sexual harassment, including unwelcome advances, demands for sexual favors, and showing pornography. 
  • Section 354B: It was inserted to penalize assault with intent to disrobe a woman. 
  • Section 354C: It was inserted to criminalize voyeurism, with enhanced penalties for repeat offenders. 
  • Section 354D: It was inserted to punish stalking, including online harassment. 
• Section 370 and 370A IPC: 
  • Section 370: Substituted the previous section on trafficking, with stringent punishments for trafficking for exploitation, including sexual exploitation. 
  • Section 370A: Punishes the exploitation of trafficked minors and adults. 
• Section 375 IPC: It was substituted to redefine "rape". 
• Section 376 IPC: It was substituted to punish the offence of rape where minimum imprisonment of 7 years is provided, extendable to life imprisonment. 
  • Special provisions for custodial rape, rape during communal violence, and other aggravated circumstances. 
• Section 376A IPC: It was substituted to impose a minimum of 20 years' imprisonment or death penalty for causing death or a vegetative state during rape. 
• Sections 376B to 376E IPC: Introduce penalties for marital rape (under separation), abuse of authority, gang rape, and repeat offenders. 
• Section 509 IPC: Increases punishment for insulting a woman’s modesty to up to three years imprisonment. 

CrPC Amendments 

• Section 26 CrPC: 
  • In the proviso to clause (a), for the words, figures, and letters "offense under section 376 and sections 376A to 376D of the Indian Penal Code", the words, figures, and letters "offense under section 376, section 376A, section 376B, section 376C, section 376D, or section 376E of the Indian Penal Code" were substituted. 
• Section 54A CrPC: 
• The following provisos were inserted: 
  • If the person identifying the arrested individual is mentally or physically disabled, the process must occur under the supervision of a Judicial Magistrate using suitable methods for identification. 
  • Such identification processes must also be videographed. 
• Section 154 CrPC: 
• In sub-section (1), the following provisos were inserted: 
  • Information from a woman alleging offenses under specified IPC sections (e.g., Sections 326A, 376, 354) must be recorded by a woman police officer or woman officer. 
  • For disabled victims, the recording should occur at their residence or a convenient location in the presence of an interpreter or special educator, and the process must be videographed. 
  • The police must also ensure the victim's statement is recorded by a Judicial Magistrate promptly. 
• Section 160 CrPC: 
  • In sub-section (1), for the words "under the age of fifteen years or woman", the words "under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person" were substituted. 
• Section 164 CrPC: 
• After sub-section (5), the following sub-section (5A) was inserted: 
  • Magistrates must record statements from victims of specified offenses, especially if disabled, with necessary assistance and videography. 
• Section 173 CrPC: 
  • In sub-clause (h) of clause (1), for the words "or 376D of the Indian Penal Code", the words "376D or section 376E of the Indian Penal Code" were substituted. 
• Section 198B CrPC: 
  • A new section was inserted, stating that no court shall take cognizance of an offense under Section 376B IPC without prima facie satisfaction based on the wife's complaint against her husband. 
• Section 273 CrPC: 
  • A proviso was inserted to ensure that minors subjected to sexual offenses are not confronted by the accused during evidence recording. 
• Section 309 CrPC: 
  • Sub-section (1) was substituted to mandate day-to-day proceedings in trials involving sexual offenses, aiming for completion within two months of filing the charge sheet. 
• Section 357B CrPC: 
  • A new section was inserted, stipulating that compensation payable under Section 357A CrPC is in addition to fines under Sections 326A or 376D IPC. 
• Section 357C CrPC: 
  • A new section was inserted, requiring all hospitals (public or private) to provide immediate, free first-aid or medical treatment to victims of specified offenses and inform the police. 

Indian Evidence Act Amendments 

• Insertion of Section 53A IEA 
  • After Section 53 of the IEA, a new Section 53A has been added. 
  • It states that in a prosecution for offenses under Sections 354, 354A, 354B, 354C, 354D, 376, 376A, 376B, 376C, 376D, or 376E of the Indian Penal Code, or an attempt to commit such offenses, evidence of the victim’s character or their previous sexual experience shall not be relevant to the issue of consent or the quality of consent. 
•  Substitution of Section 114A IEA 
  • The existing Section 114A has been substituted. 
  • In cases of rape under clauses (a), (b), (c), (d), (l), (m), or (n) of subsection (2) of Section 376 IPC, if sexual intercourse by the accused is proven and the victim states in court that she did not consent, the court shall presume the absence of consent. 
  • Explanation: The term "sexual intercourse" refers to acts mentioned in clauses (a) to (d) of Section 375 IPC. 
• Substitution of Section 119 IEA 
  • The existing Section 119 has been substituted. 
  • A witness who is unable to speak may provide evidence through writing or signs, which must be presented in open court. 
  • If verbal communication is not possible, the court will seek the assistance of an interpreter or special educator, and the testimony will be videographed. 
• Amendment to Section 146 IEA 
  • The proviso in Section 146 has been substituted. 
  • In prosecutions for offenses under Sections 376, 376A, 376B, 376C, 376D, or 376E IPC, or an attempt to commit such offenses, evidence or questions in cross-examination about the victim’s general immoral character or previous sexual experience cannot be introduced to prove consent or the quality of consent

Conclusion 

The Criminal Law (Amendment) Act, 2013, represents a landmark effort to reform India’s criminal justice system in response to public outcry against increasing violence toward women. By criminalizing previously not mentioned crime like voyeurism and stalking and ensuring stricter penalties for heinous crimes, the Act seeks to deter potential offenders and provide justice to victims. While a step forward, its effective implementation remains crucial to achieving the intended result.