CRIMINAL LAW (AMENDMENT) BILL, 2017
A
BILL
To further amend the Indian Penal Code, 1860 and the Code of Criminal Procedure Code, 1973,
Be it enacted by Parliament in the Sixty-Eighth Year of the Republic of India as follows:
CHAPTER I
PRELIMINARY
- (1) This Act may be called the Criminal Law (Amendment) Act, 2017.
(2) This Act may extend to the whole of India.
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
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Short title and commencement |
CHAPTER II
AMENDMENTS TO THE INDIAN PENAL CODE, 1860
- For Section 354D of the Indian Penal Code, 1860 (hereafter in this Chapter referred to as the Penal Code), the following section shall be substituted, namely:
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Substitution of new section for section 354D |
“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, commits the offence of stalking.
Provided that such conduct shall not amount to stalking if the person who pursued it proves that—
(i) it was pursued for the purpose of preventing or detecting crime and the person accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.”
CHAPTER III
AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973
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Amendment of First Schedule |
- In the First Schedule to the Code of Criminal Procedure, 1973, under the heading “I-OFFENCES UNDER THE INDIAN PENAL CODE “-
- For the entries relating to section 354, the following entries shall be substituted, namely: -
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1. |
2. |
3. |
4. |
5. |
6. |
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354A |
Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours, showing pornography
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Imprisonment which may extend to 3 years or with fine or with both. |
Cognizable |
Non-bailable |
Any Magistrate |
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Sexual harassment of the nature of making sexually coloured remark
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Imprisonment which may extend to 1 year or with fine or with both |
Cognizable |
Bailable |
Any Magistrate |
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354C |
Voyeurism |
Imprisonment of not less than 1 year but which may extend to 3 years and with fine for first conviction.
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Cognizable |
Non-Bailable |
Any Magistrate |
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Imprisonment of not less than 3 years but which may extend to 7 years and with fine for second or subsequent conviction
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Cognizable |
Non- Bailable |
Any Magistrate |
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354D |
Stalking |
Imprisonment up to 3 years and with fine for first conviction.
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Cognizable |
Non-bailable |
Any Magistrate |
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Imprisonment up to 5 years and with fine for second or subsequent conviction. |
Cognizable |
Non-bailable |
Any Magistrate |
STATEMENT OF OBJECTS AND REASONS
Protection from sexual violence is a right guaranteed under the Constitution of India, specifically within the context of the right to life and personal liberty under Article 21. Key to this is the right to dignity, which has long been recognised as an integral part of the Constitution of India.
The State is duty bound under the Constitution to enact legislation that protects women's safety against any threat, or suitably amend legislation that does not effectively address threats to a woman’s safety and thereby their Constitutionally guaranteed rights of safety and dignity, as laid down by the Supreme Court in Vishakha v State of Rajasthan.
The offences of sexual harassment, voyeurism and stalking are crimes with serious repercussions. However, the bailable nature of these offences, often leads to the accused obtaining bail without serious judicial scrutiny regarding the risk that the accused may pose to the complainants and the likelihood of the accused attempting to intimidate complaints and witnesses or commit further offences against them. Courts are not expected to grant bail to accused persons who may vitiate the right of the complainant to seek justice. Therefore, it is inconsistent with the jurisprudence of the Supreme Court and the underlying logic of the dichotomy between bailable and non-bailable offences, for such offences to remain as bailable offences.
The fluid nature of the system of bail in these cases effectively also serves as a strong deterrent for women across the country to report these specific crimes in the first place, out of fear of the repercussions it would entail. However, if these laws are suitably amended, it would encourage women from across the demographic, social and economic divide to rise up and speak out against these crimes with fortitude.
The Bill is therefore a progressive step forward to ensuring that women in our country can lead dignified and empowered lives, a fulfilment of their Constitutionally guaranteed right to life and personal liberty.
Therefore, this Bill
SHASHI THAROOR
FINANCIAL MEMORANDUM
Clause 3 of the Bill categorizes offences under Section 354A, 354C and 354D of the Indian Penal Code, 1860 as a non-bailable offences. The maintenance of the accused in the prisons of States and Union Territories will require certain expenses. The expenditure relating to States shall be borne out of the Consolidated Funds of respective States. The expenditure relating to Union territories shall be incurred from the Consolidated Fund of India. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees fifty hundred crore per annum would be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees ten crore is also likely to be involved.
LOK SABHA
A
BILL
To further amend the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973
(Dr. Shashi Tharoor, M.P.)
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