Latest Criminal Law amendments by Ministry of Home Affairs

Latest ordinance of amendments to criminal law available on Ministry of Home Affairs website

IPC. 354A. SEXUAL HARASSMENT
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) forcibly showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

IPC. 354C. VOYEURISM. Whoever watches, or captures the image of, a woman engaging in a private act …………..

IPC. 354D. STALKING. (1) Whoever follows a person and contacts, or attempts to contact such person to foster personal interaction repeatedly, despite a clear indication of disinterest by such person, or whoever monitors the use by a person of the internet, email or any other form of electronic communication, 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

IPC. 375. SEXUAL ASSAULT. (RAPE deleted) A person is said to commit “sexual assault” if that person––
(a) penetrates penis, to any extent, into vagina (??RAPE), mouth (??CUNNILINGUS), urethra or anus (??SODOMY) of another person …………
(b) inserts… any object or a part of body….., into vagina, urethra or anus of another person …….
(c) manipulates any part of body of another person so as to cause penetration ……..
(d) applies mouth to the penis, vagina, anus, urethra of another person or makes other person do so ……….
(e) touches vagina, penis, anus or breast of the person or makes other person do so ……..
except where such penetration or touching is carried out for proper hygienic or medical purposes
under the circumstances falling under any of the following seven descriptions:––
First.–– Against the other person’s WILL.
Secondly. –– Without the other person’s CONSENT.
Thirdly. –– ……consent has been obtained by putting …….. in FEAR of death or of hurt.
Fourthly. –– ……..she believes that he is another man to whom she is or BELIEVES TO BE LAWFULLY MARRIED.
Fifthly.–– ……….. UNSOUNDness of mind or INTOXICATION ………….
Sixthly. –– With or without consent …. UNDER 18 YEARS AGE (?? STATUTORY).
Seventhly. –– …….unable to communicate consent.
Exception.–– Sexual intercourse or sexual acts by a man with his own wife, the wife not being under sixteen years of age, is not sexual assault.

IPC. 376. PUNISHMENT.
(1) 7 YEARS to LIFE.
(2) CUSTODIAL. 10 YEARS to LIFE(a) police (b) public servant (c) armed forces (d) jail staff (e) hospital staff (f) relative, guardian or teacher (g) pregnant (h) under 18 years (i) incapable (j) economic or social dominance (k) mental or physical disability (l) grievous hurt / endangers life (m) persistent/repeated.
A. death or persistent vegetative state of victim. 20 YEARS to DEATH.
B. wife under separation. 2 to 7 YEARS.
C. sexual intercourse (by public servant) not amounting to sexual assault. 5 to 10 YEARS.
D. gang rape. 20 YEARS to LIFE.
E. repeat offender. LIFE or DEATH.

114A. IEA. Presumption as to absence of consent in certain prosecution for sexual assault. 376 (2) (a-m) CUSTODIAL only

Read full : http://mha.nic.in/pdfs/

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