The Criminal Law(Aunachal Pradesh Amendment) Act 2018

/ The· Arunachal Pradesh· Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 137, Vol. XX.VI, Naharlagun, Tuesday, April 2, 2019, Chaitra 12, 1941 (Saka) GOVERNMENTOFARUNACHALPRADESH LAW, LEGISLATIVE AND JUSTICE DEPARTMENT ARUNACHAL PRADESH CIVIL SECRETARIAT ITANAGAR NOTIFICATION The 2nd April, 2019 No. Law/Legn-13/2019.-The following Act of the Arunachal Pradesh Legislative Assembly which was passed in the Sixteenth Session of the Sixth Legislative Assembly and received the assent of the Governor of Arunachal Pradesh is hereby published for general -nrormanon. (Received the assent of the Governor on 26th March, 2019) THE CRIMINAL LAWS (ARUNACHAL PRADESH AMENDMENT) ACT, 2018 (ACT NO. 3 OF 2019) An Act further to amend the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, the Indian Evidence Act, 1872 and the Protection of Children from Sexual Offences Act, 2012 in its application to the State of Arunachal Pradesh . BE it enacted by the Arunachal Pradesh Legislature in the Sixty- ninth year of the Republic of India as follows:- CHAPTER-I PRELIMINARY 1. (1) This Act may be called the Criminal Laws (Arunachal Pradesh Short title, Amendment) Act, 2018. extent and (2) It shall extend to the whole of the State of Arunachal Pradesh. (3) It shall come into force on such date as the State Government may, by notification in the Offici_al Gazette appoint. CHAPTER-II AMENDMENTS TO THE INDIAN PENAL CODE commence­ ment. Amendment of Central Act No.45 of 1860 in its application to the State of Arunachal Pradesh. 3. In section 166A of the principal Act, in clause (c), for the words, figures Amendment of and letters "section 326A, section 326B, section 354, section 354B, section 166A. section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 3760, section 376E or section 509" the words, figures and letters "section 326A, section 326B, section 354, sub-sections (2) and (3) ot section 354A, section 354B, section 354C, sub-section (2) of section 354D, section 370, section 370A, section 376, section 376A, section 376M, section 376B, section 376C, section 3760, section 376DA, section 376E or section 509" shall be substituted. 2. The Indian Penal Code (No.45 of 1860) (hereafter referred to as the principal Act) shall in its application to the State of Arunachal Pradesh be amended in the manner hereinafter provided. 2 The Arunachal Pradesh Extraordinary Gazette April 2, 2019 Amendment of 4. section 228A. In section 228A of the Penal Code, in sub-section (1 ), for the words, figures and letters "offence under section 376, section 376A, section 3768, section 376C or section 376D or section 376E", the words, figures and letters "offence under section 376, section 376A, section 376AA, section 3768, section 376C, section 376D, section 376DA or section 376E" shall be substituted. In section 354 of the principal Act, for the words "shall be punished with imprisonment of either descriptia.n for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine" the words "shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine" shall be substituted. Amendment of 6. In section 3548 of the principal Act, for the words "shall be punished with section 3548. imprisonment of either description for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine", the words "shall be punished on first conviction with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine; and be punished on a second or subsequent conviction with rigorous imprisonment for a term which shall not be less than seven years but which may extend to ten years and with fine which shall not be less than one lakh rupees" shall be substituted. Amendment of 5. section 354. Amendment of 7. section 354D. Insertion of section 376AA. In section 3540 of the principal Act, for sub-section (2), the following sub­ section shall be substituted, namely :- "(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 shall not be less than three years but which may extend to seven years and with fine which shall not be less than one lakh rupees : Provided that the court may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of lesser period of imprisonment than specified minimum imprisonment.". 8. After section 376A of the principal Act, the following section shall be inserted, namely:- Insertion of section 3760A Punishment for rape on a woman up to twelve years of age. "376AA. Whoever commits rape on a woman up to twelve years of age shall be punished with death, or rigorous imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.". 9. After section 3760 of the principal Act, the following section shall be inserted, namely:- Punishment for gang rape on a woman twelve years of age. "376DA. Where a woman up to twelve years of age, is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with death, or rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this section shall be paid to the victim.". CHAPTER - Ill AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973 10. The Code of Criminal Procedure, 1973 (No.2 of 1974) (hereafter referred to as the principal Act) shall in its application to the State of Arunachal Pradesh, be amended in the manner hereinafter provided. Amendment of Central Act No.2 of 1974 in its applica­ tion to the State of Arunachal Pradesh. I The Arunachal Pradesh Extraordinary Gazette April 2, 2019 3 11. In the Code of Criminal Procedure, 1973 (hereafter referred to as the Amendment of principal Act), in section 26, in the proviso to clause (a), for the words, section 26. figures and letters "offence under section 376, section 376A, section 376B, section 376C, section 3760 or section 376E of the Indian Penal Code", the words, figures and letters "offence under section 376, section 376A, section 376AA, section 376B, section 376C, section 3760, 3760A or section 376E of the Indian Penal Code" shall be substituted. 12. In section 29 of the principal Act, (i) in sub-section (2), for the words "ten Amendment thousand rupees", the words" one lakh rupees" shall be substituted; of section 29. (ii) in sub-section (3), for the words "five thousand rupees", the words "twenty five thousand rupees" shall be substituted. 13. (a) In the first proviso to sub-section (1) of section 154 of the principal Amendment of Act, for the words, figures and letters "section 326A, section 326B, section 154. section 354, section 354A, section 354B, section 354C, section 3540, section 376, section 376A, section 376B, section 376C, section 3760, section 376E or section 509 of the Indian Penal Code" the words, figures and letters "section 326A, section 326B, section 354, section 354A, section 3548, section 354C, section 3540, section 376, section 376A, section 376AA, section 376B, section 376C, section 3760, section 3760A, section 376E or section 509 of the Indian Penal Code" shall be substituted. (b) In the sub-proviso (a) of the second proviso to sub-section (1) of section 154 of the principal Act, for the words, figures and letters "section 354,section 354A, section 354B, section 354C, section 3540, section 376, section 376A, section 376B, section 376C, section 3760,section 376E or section 509 of the Indian Penal Code" the words, figures and letters "section 354,section 354A, section 3548, section 354C, section 3540, section 376, section 376A, section 376AA, section 376B, section 376C, section 3760, section 3760A, section 376E or section 509 of the Indian Penal Code" shall be substituted. 14. In the second proviso to sub-section (3) of section 161 of the principal Amendment of Act, for the words, figures and letters "section 354, section 354A, section section 161. 354B, section 354C, section 3540, section 376, section 376A, section 376B, section 376C, section 3760, section 376E or section 509 of the Indian Penal Code" the words, figures and letters namely "section 354, section 354A, section 354B, section 354C, section 3540, section 376, section 376A, section 376AA, section 376B, section 376C, section 3760, section 3760A, section 376E or section 509 of the Indian Penal Code" shall be substituted. 15. In clause (a) of sub-section (5A) of section 164, for the words, figures Amendment of and letters "section 354, section 354A, section 3548, section 354C, section 164. section 3540, sub-section ( 1) or sub-section (2) of section 376, section 376A, section 376B, section 376C, section 3760, section 376E or section 509 of the Indian Penal Code" the words, figures and letters "section 354, section 354A, section 354B, section 354C, section 3540, sub- section ( 1) or sub-section (2) of section 376, section 376A, section 376AA, section 376B, section 376C, section 3760, section 376DA, section 376E or section 509 of the Indian Penal Code" shall be substituted. 16. In section 173 of the principal Act, in sub-section (2), in sub-clause (h) Amendment of of clause (i), for the words, figures and letters "or section 376, section 173. 376A,376B,376C,3760 or 376E of the Indian. Penal Code", the words, figures and letters "section 376,376A,376AA,376B,376C,3760, 376DA or section 376E of the Indian Penal Code" shall be substituted. 17. In the Explanation to the section 197 of the principal Act, for the words, Amendment of figures and letters "section 166A, section 1668, section 354, section section 197. 354A,·section 354B, section 354C, section 3540, section 370, section 375, section 376, section 376A, section 376C, section 3760 or section 509 of the Indian Penal Code" the words, figures and letters "section 166A, section 1668, section 354, section 354A, section 354B, section 354C, section 354.D, section 370, section 375, section 376, section 376A, section 376AA, section 376C, section 376D, section 3760A or section 509 of the Indian Penal Code" shall be substituted. 18. In the proviso to sub-section ( 1) of section 309 of the principal Act, for Amendment of the words, figures and letters "section 376, section 376A, section 376B, section 309. section 376C or section 3760 of the Indian Penal Code" the words, figures and letters "section 376, section 376A, section 376AA, section 3766, section 376C, section 3760 or section 3760A of the Indian Penal Code" shall be substituted. Amendmentof 19. The Arunachal Pradesh Extraordinary Gazette April 2, 2019 4 In section 327 of the principal Act, in sub-section (2), for the words, figures and letters "section 376, section 376A, section 3768, section 376C, section 3760 or section 376E of the Indian Penal Code", the words, figures and letters "section 376, section 376A, section 376M, section 376B, section 376C, section 3760, section 3760A or section 376E of the Indian Penal Code" shall be substituted. In section 3578 of the principal Act, for the words, figures and letters "section 326A or section 3760 of the Indian Penal Code" the words, figures and letters "section 326A, 3760 or section 3760A of the Indian Penal Code" shall be substituted. In section 357C of the principal Act, for the words, figures and letters "section 326A, 376, 376A, 3768, 376C, 3760 or section 376E of the Indian Penal Code" the words, figures and letters "section 326A, 376, 376A, 376M, 3768, 376C, 3760, 3760A or section 376E of the Indian Penal Code" shall be substituted. Amendment of 22. In section 437 of the principal Act, in sub-section (1 ), after the fourth section 437. proviso, the following proviso shall be added, namely:- "Provided also that no person shall, if the offence alleged to have been committed by him against woman is punishable with imprisonment for not less than seven years, be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor". section 327. Amendmentof 20. section 3578. Amendment of 21. section 357C. Amendment of First Schedule. 23. In the First Schedule to the principal Act, under the heading "!.-OFFENCES UNDER THE INOIAN PENAL CODE", - (i) for the entries relating to section 354, section 3548 and section 3540, the following entries shall be substituted, namely:- Section Offence Punishment Cognizable Bailable or By what court - or non- non-bailable triable cognizable 4 5 6 Cognizable Non-bailable Magistrate of the First Class 1 2 3 Imprisonment of not less 2 years but which may extend to 7 years and with fine. "354. Assault or use of criminal force to a woman with intent to outrage her modesty. 354B. Assault or use of Imprisonment of not less Cognizable Non-bailable Magistrate criminal force to 3 years but which may of the woman with extend to 7 years and with First Class intent to disrobe fine on first conviction. Rigorous imprisonment of Cognizable not less than 7 years but which may extend to 10 years and with fine of minimum 1 lakh rupees on second or subsequent conviction. Non-bailable Mag.istrate of the First Class 3540. Stalking Imprisonment which may Cognizable Bailable extend to 3 years and with fine on first conviction. Magistrate of the First Class Imprisonment of not less Cognizable than 3 years but which may extend to 7 years and with fine of minimum 1 lakh rupees on second or subsequent conviction. Non-bailable Magistrate of the First Class"; Section Offence Punishment (ii) after entries relating to section 376A, the following entries shall be inserted, namely:- Bailable or By what court non-bailable triable Cognizable or non­ cognizable 2 3 4 Non-bailable Court of Session". "376AA. Person commi­ tting an offence of rape on a woman up to 12 years of age. Death, rigorous imprison- Cognizable ment of not less than 14 years but which may extend to imprisonment for life which shall mean imprisonment for remainder of that person's natural fife, and with fine. 5 6 The Arunachal Pradesh Extraordinary Gazette April 2, 2019 5 Section Punishment (iii) after entries relating to section 3760, the following entries shall be inserted, namely:- Cognizable Bailable or By what court or non- non-bailable triable cognizable Offence 2 4 6 3 5 "376DA. Gang rape on a Death or rigorous impri- Cognizable woman up to 12 sonment of not less than years of age 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, and with fine. Non-bailable Court of Session". CHAPTER-IV AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872 24. In section 53Aof the Indian Evidence Act, 1872 (hereafter referred to as the principal Act), for the words, figures and letters "section 354, section 354A, section 3548, section 354C, section 3540, section 376, section 376A, section 3768, section 376C, section 3760 or section 376E of the Indian Penal Code" the words, figures and letters "section 354, section 354A, section 3548, section 354C, section 3540, section 376, section 376A, section 376AA, section 3768, section 376C, section 3760, section 376DA or section 376E of the Indian Penal Code" shall be substituted. 25. In the proviso to section 146 of the principal Act, for the words, figures and letters " section 376, section 376A, section 3768, section 376C, section 3760 or section 376E of the Indian Penal Code" the words, figures and letters " section 376, section 376A, section 376AA, section 3768, section 376C, section 3760, section 376DA or section 376E of the Indian Penal Code" shall be substituted. CHAPTER-V AMENDMENT TO THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 26. In section 42 of the Protection of Children Act,2012 for the words, figures and letters "sections 166A, 354A, 3548, 354C, 3540, 370, 370A, 375, 376, 376A, 376C, 376D, 376E or section 509 of the Indian Penal Code" the words, figures and letters "sections 166A, 354A, 3548, 354C, 3540, 370, 370A, 375, 376, 376A, 376AA,376C, 3760, 376DA,376E or section 509 of the Indian Penal Code" shall be substituted. Amendment of section 53A. Amendment of section 146. Amendment of section 42. G. S. Meena, IAS Commissioner to Government of Arunachal Pradesh, Itanagar. Published and printed by Directorate of Printing, Naharlagun -415/2019-DoP-250+Commissioner(Home)-100 + Commr.(Law)-1 OO+Secy.(LA)-50-4-2019.