September 10, 2019

CRIMINAL LAW AMENDMENT ACT, 2013

Introduction
The Criminal Law (Amendment) Act, 2013 is an Indian legislation passed by the Lok Sabha on
19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian
Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual
offences. The Bill received Presidential assent on 2 April 2013 and deemed to come into force from 3
February 2013. It was originally an Act implemented by the President of India, Pranab Mukherjee, on 3
February 2013, in light of the protests in the 2012 Delhi gang rape case. Hence, this Act is also referred
to Anti-rape Act or Nirbhaya Act.

History
The 2012 Delhi gang rape case involved a rape and fatal assault that occurred on 16 December
2012 in Munirka, a neighbourhood located in the southern part of New Delhi, when a 23-year-old
female physiotherapy intern was beaten and gang raped in a private bus in which she was travelling with
a male friend. The victim later died due to her injuries. Due to the consequences of this incident there
was a widespread protest occurred. This protest movements occurred nationally as well as
internationally, all demanding stricter laws to check violence against women. This particular incident
gathered huge popularity because of the heinous nature of the crime committed. As a result of the
nationwide protests, the Justice Verma Committee was constituted under the notification of the
Government of India to suggest changes in the existing laws. This committee was headed by J. S. Verma,
a former Judge of Supreme Court and included retired judge Leila Seth and leading advocate Gopal
Subramaniam. The committee was given a month to submit its report mean while the committee
submitted the report in 29 Days on 23rd January 2013. The committee considered nearly 80,000
suggestions and petitions received by them during that this period from the public in general and
particularly from jurists, lawyers, NGOs and women’s groups.

Objective of Verma Committee

The key objective of the Commission was to review for possible amendments to the criminal law
and suggest measures for faster trials and harsher penalties for vicious offences related to violence
against women. Taking further cognizance of the strident storm of public protests in general and a
tribute to Nirbhaya in particular. On January 23 2013, the commission submitted its recommendations
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by identifying ‘lack of good governance’ as the central cause of violence against women. The
commission goes on to criticize the government, the awful and old-fashioned police system alongside
public apathy in tackling violence against women, and thereby, recommends dramatic transformation in
legislations. It made recommendations on laws related to rape, sexual harassment, trafficking, and child
sexual abuse, medical examination of victims, police, electoral and educational reforms.

The Committee adopted a multidisciplinary approach interpreting its mandate expansively. The
report deals with sexual crimes at all levels and with the measures needed for prevention as well as
punishment of all offences with sexual implications that are an insult to human dignity. This is on the
basis that the issue of sexual assault against women is one that goes to the core of social norms and
values. The Report also deals with the construct of gender justice in India and the various obstructions
to this. The Committee’s approach is founded on achieving the guarantee of equality for all in the
Constitution of India.

The comprehensive 630-page report, which was completed in 29 days, was appreciated both
nationally and internationally. This eventually led to the passing of the Criminal Law (Amendment) Act,
2013. The committee in its report blamed the government, police insensitivity and gender bias for the
rising crimes against women in the country. It also created some offences like disrobing a woman,
voyeurism, stalking and trafficking.

Recommendation of Committee
The major recommendation of Justice Verma Committee was:

i. Punishment for Rape: Committee suggests that the punishment for rape should be rigorous
imprisonment (RI) for seven years to life. It recommends that punishment for causing death or a
"persistent vegetative state" should be RI for a term not be less than 20 years, but may be for life
also, which shall mean the rest of the person's life. For Gang-rape, committee suggested that it
should entail punishment of not less than 20 years, which may also extend to life and gang-rape
followed by death, should be punished with life imprisonment.

ii. Punishment for other sexual offences: The committee recognised the need to curb all forms of
sexual offences and recommended - Voyeurism be punished with up to seven years in jail;
stalking or attempts to contact a person repeatedly through any means by up to three years. Acid
attacks would be punished by up to seven years of imprisonment; trafficking will be punished
with RI for seven to ten years.
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iii. Registering complaints and medical examination: Every complaint of rape must be registered by
the police and civil society should perform its duty to report any case of rape coming to its
knowledge. "Any officer, who fails to register a case of rape reported to him, or attempts to
abort its investigation, commits an offence which shall be punishable as prescribed," the report
says. The protocols for medical examination of victims of sexual assault have also been
suggested. The committee said, "Such protocol based, professional medical examination is
imperative for uniform practice and implementation."

iv. Marriages to be registered: As a primary recommendation, all marriages in India (irrespective of

the personal laws under which such marriages are solemnised) should mandatorily be registered
in the presence of a magistrate, The magistrate will ensure that the marriage has been solemnised
without any demand for dowry having been made and that it has taken place with the full and
free consent of both partners.

v. Amendments to the Code of Criminal Procedure: The committee observed, "The manner in
which the rights of women can be recognised can only be manifested when they have full access
to justice and when the rule of law can be upheld in their favour." The proposed Criminal Law
Amendment Act, 2012, should be modified, suggests the committee. "Since the possibility of
sexual assault on men, as well as homosexual, transgender and transsexual rape, is a reality the
provisions have to be cognizant of the same," it says. A special procedure for protecting persons
with disabilities from rape, and requisite procedures for access to justice for such persons, the
committee said was an "urgent need."

vi. Bill of Rights for women: A separate Bill of Rights for women that entitles a woman a life of
dignity and security and will ensure that a woman shall have the right to have complete sexual
autonomy including with respect to her relationships.

vii. Review of the Armed Forces Special Powers Act: The committee has observed that the
"impunity of systematic sexual violence is being legitimised by the armed forces special powers
act." It has said there is an imminent need to review the continuance of AFSPA in areas as soon
as possible. It has also recommended posting special commissioners for women's safety in
conflict areas.

viii. Police reforms: To inspire public confidence, the committee said, "police officers with
reputations of outstanding ability and character must be placed at the higher levels of the police
force." All existing appointments need to be reviewed to ensure that the police force has the
requisite moral vision. The committee strongly recommended that "law enforcement agencies do
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not become tools at the hands of political masters." It said, "Every member of the police force
must understand their accountability is only to the law and to none else in the discharge of their
duty."

ix. Role of the judiciary: The judiciary has the primary responsibility of enforcing fundamental
rights, through constitutional remedies. The judiciary can take Suo moto cognizance of such
issues being deeply concerned with them both in the Supreme Court and the High Court. An all
India strategy to deal with this issue would be advisable. The Chief Justice of India could be
approached to commence appropriate proceedings on the judicial side. The Chief Justice may
consider making appropriate orders relating to the issue of missing children to curb the illegal
trade of their trafficking etc.

x. Political Reforms: The Justice Verma committee observed that reforms are needed to deal with
criminalisation of politics. The committee has suggested that, in the event cognizance has been
taken by a magistrate of a criminal offence, the candidate ought to be disqualified from
participating in the electoral process. Any candidate who fails to disclose a charge should be
disqualified subsequently. It suggested lawmakers facing criminal charges, who have already
been elected to Parliament and state legislatures, should voluntarily vacate their seats.

Major Changes in IPC, CrPC, IEA.

Offence Existing law Criminal Law (Amendment) Act, 2013
Indian Penal Code,1860
20 years to life imprisonment (rigorous imprisonment) and
Punishment 10 years to life
fine payable to the victim that is reasonable to meet medical
for gang rape imprisonment and fine.
expenses.
Rape upon
Punishable with 2 to 7 years imprisonment and fine. Courts
judicially Maximum 2 years
to take cognizance if there is prima facie evidence of
separated imprisonment.
offence.
wife
No specific provision.
Public servant includes
Rape by
armed personnel. Specific offence. SA by armed personnel within the area
armed
Punishment: 10 years to they are deployed in. Penalty remains same.
personnel
life imprisonment and
fine.
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Rape and murder dealt

Rape
with as two separate
resulting in
offences. Rape: 7 years Specific offence. Punishment 20 years rigorous
death or
to life imprisonment; imprisonment or life imprisonment or death.
vegetative
Murder: imprisonment
state
for life or death.
Outraging a woman’s
Outraging a woman’s modesty: 1 to 5 years imprisonment
modesty. Punishment:
and fine.
Touching imprisonment for
Physical contact involving unwelcome and explicit sexual
maximum 2 years and
overtures: up to 3 years imprisonment and/or fine.
fine.
Use of words
Punishment: 1-year Punishment: up to 3 years imprisonment and fine. Non
or gestures to
imprisonment and/or Bailable.
insult a
fine. Non Bailable. Showing pornography: up to 3 years imprisonment and/or
woman’s
fine. Bailable.
modesty.
No specific offence.
Outraging a woman’s
Assault to
modesty is punishable Specific offence. Punishable with 3 to 7 years
disrobe a
with imprisonment for imprisonment and fine.
woman
maximum 2 years and
fine.
No specific provision.
Specific offence. Punishable with 10 years or life
Covered under grievous
Acid attack imprisonment and reasonable fine amount to meet medical
hurt. Punishment: up to
expenses.
7 years imprisonment.
Provision exists in
relation to public
Consensual servant’s abuse of
Extended to cover circumstances of fiduciary relationship,
sex by a position with women in
management or staff in hospitals. Punishable with 5 to 10
person in his custody. Punishable
years rigorous imprisonment of either description.
authority with 5 years’
imprisonment.
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Covered under slavery,

Penalises recruitment, transfer, transport, harbouring a
abduction and
person for the purpose of prostitution, forced labour,
kidnapping for purposes
organ removal by use of threats or inducement.
Trafficking of prostitution. Also
Punishment: 7 to 10 years imprisonment. Punishment for
provided for under the
employing a trafficked person for sexual exploitation: 5 to 7
Immoral Trafficking
years.
Prevention Act, 1956.

CODE OF CRIMINAL PROCEDURE, 1973

Amendment No sanction required in case of a public servant accused

Section 197 of Code of an offence alleged to have been under 166A, 166 B,
Explanation added
of Criminal 354, 354 A, 354 B, 354 C, 354 D, 370, 375, 376, 376A, 376
Procedure D or Section 509 of IPC

Amendment of
Trial to be held on day-to-day basis. In case of rape cases,
Section 309 of Code
trial to be completed within 2 months of filling of charge
of Criminal
sheet
Procedure.

Insertion of Section
All hospitals whether private or public or run by any other
357 C of Code of
person to provide free medical aid to the victim of
Criminal
offences covered under Section 376 A-E
Procedure.
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INDIAN EVIDENCE ACT, 1872

Is not relevant. Bars the use of sexual history in

Section Evidence of character or determining the consent of the woman. Bars cross
53 A previous sexual experience examination as the general immoral character of the
victim.

Shifts the onus on accused, also if the victim states in the

Section
Resumption as to Consent court that she did not give consent the court will presume
114A
the same.

Court to use the assistance of interpreters to take evidence

Special Provisions for
Section of differently abled persons. Such evidence to be
evidence of differently abled
119 considered evidence when given in open court. Statement
persons
to be video recorded

Discrepancy between the Verma Committee Recommendations and the Criminal Law
(Amendment) Act, 2013

The major differences between the Act passed by the government and the J. S. Verma
Committee recommendations were:

1. The Justice J. S. Verma Committee recommended 20 years imprisonment for gang-rape and life
imprisonment for rape and murder but refrained from using the term “death penalty” though
there was public outcry to sentence rapists with death sentence following the brutal gang-rape
and murder of a 23-year-old medical student in Delhi on December 16, 2012. However, the Act
passed by the Cabinet went for a harsher punishment for a rapist – a minimum of 20 years
imprisonment for rapists and even death penalty in extreme cases.

2. Verma panel reccomended criminalization of marital rape but the Act rejected it.
3. The Justice J. S. Verma Committee recommended restriction of politicians facing sexual offence
charges from contesting elections. Act rejected this recommendation.
4. The panel recommended that the senior police or army officials be held responsible for sexual
offences committed by their junior but the Act rejected it.
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5. The Justice J. S. Verma Committee wanted to make videography of recording statement from
victim mandatory but the Act made it optional.
6. The Justice J. S. Verma Committee wanted the definition for sexual offences as rape but the Act
replaced it with the word “sexual assault”.

Conclusion
The approach of law makers in India toward law reform process especially criminal laws relating
to sexual offences has been disorganized rather than comprehensive and holistic. The political class is
pushed to pass certain laws at a breakneck speed without proper research or deliberation on their
implications. In other words, a hurried legislation is reflective of a buried discussion. Those piecemeal
stringent measures might satisfy society’s collective desire to see that something is being done. But a
symbolic satisfaction of society has a counterproductive and cascading effect on a criminal justice
system. In the absence of a holistic research-oriented approach, the legislature will continue to pass
ambiguous and omnibus laws which disregards cardinal principles of criminal law jurisprudence, and
constitutional values. It serves well to all stakeholders in a criminal justice system to bear in mind that
respect and adherence to laws can only be achieved when the law makers recognise the necessity of
reconciling individual rights with that of society, along with the State interest in maintaining law & order.

References
1. Justice Verma Committee Report
2. https://www.prsindia.org/report-summaries/justice-verma-committee-report-
summary#targetText=Justice%20Verma%20Committee%20Report%20Summary&targetText=Justice
%20Verma%20Committee%20was%20constituted,report%20on%20January%2023%2C%202013.
3. https://www.lawctopus.com/academike/criminal-law-amendment/
4. https://www.ndtv.com/cheat-sheet/recommendations-of-the-justice-verma-committee-10-point-cheat-
sheet-511292