Saturday 12 October 2013

The Criminal Law (amendment ) Act, 2013

The following are some recent amendments in the Criminal Law (amendment) Act, 2013

CHAPTER IV
AMENDMENT TO THE INDIAN EVIDENCE ACT,1872


25. INSERTION OF NEW SECTION 53-A- After section 53 of The Indian Evidence Act, 1872 the following section will be inserted:

EVIDENCE OF CHARACTER OR PREVIOUS SEXUAL EXPERIENCE NOT RELEVANT IN CERTAIN CASES. -

In a Prosecution for any offence under section 354(Assault or criminal force to woman with intent to outrage her modesty) ,
Section 354-A ( Assault or use of criminal force to woman with intent to disrobe her) ,
Section 354-B, 354-C, 354-D,
Section 376( Punishment for RAPE) ,
Section 376-A( intercourse by a man with his wife during separation),
Section 376-B ( Intercourse by Public servant with woman in his custody),
Section 376-C ( intercourse by superintendent of jail, remand home etc.),
Section 376-D ( Intercourse by any member of the management or staff of the hospital with any woman in that hospital) of the INDIAN PENAL CODE (45 of 1860)

OR FOR AN ATTEMPT TO COMMIT ANY SUCH OFFENCE , where the question of consent is in issue, evidence of CHARACTER OF VICTIM shall not be held RELEVANT on the issue.



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