Changes in the Criminal Procedure Code, 1973
The bill for the changes in certain sections of Criminal Procedure Code has been passed in year 2005 and the amendments are in force as on today. Certain sections have a direct bearing on medical practitioners and only those are listed below:
*Powers of 1st and 2nd Class Judicial Magistrates have been changed. A first class judicial magistrate can now award fine up to Rs. 10,000/- [earlier Rs. 5,000/-] whereas a second class judicial magistrate can now award fine up to Rs. 5,000/- [earlier Rs. 1,000/-] as per changes in Section 29 of the said act.
*Section 53 [1] states that an accused can be examined by a doctor at the request of a police officer, not below the rank of a sub-inspector [or any other officer acting under his direction and good faith], even without his consent, and by use of reasonable force, if there are reasonable grounds to believe that such an examination will afford evidence regarding the commission of the offence. In this section, word ‘examination’ has been elaborated meaning examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests that a registered medical practitioner thinks necessary in that particular case.
A new Section 53 – [A] has been introduced regarding examination of person accused of rape by medical practitioner. It states that [1] when a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds to believe that an examination will afford evidence as to the commission of the offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector [or any other officer acting under his direction and good faith], to make such an examination of the arrested person with use of reasonable force as required. [2] The registered medical practitioner conducting such examination has to examine such person without any delay and prepare a report of his examination giving the following particulars, namely the name, age and address of the accused, brought by whom, injury over the body, if any with complete description of all the materials taken from the body of accused examined for further investigations. [3] The report should precisely state all the reasons for each conclusion arrived at. [4] The exact time of commencement and completion of the examination should be noted in the report. [5] The report should be forward, without delay to the investigating officer, who shall forward it to the Magistrate.
*Section 54 of the principal act has been renumbered as sub-section [1] and sub-section [2] has been introduced which states that where an examination is made under sub-section (1), a copy of the report of such examination is to be furnished by the registered medical practitioner to the arrested person or the person nominated by such arrested person.
*A new Section 164 – [A] has been introduced regarding medical examination of victim of rape. According to it, [1] when during investigation, medical examination of victim of rape/ attempted rape is to be done, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman should be sent to a registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence. [2] The registered medical practitioner, to whom such woman is sent, should examine her, without any delay and prepare a report of her examination giving the following particulars, namely the name, age and address of the woman, brought by whom, injuries over the body, general mental condition of the female with detailed description of all materials taken for investigation. [3] The report should precisely state all the reasons for each conclusion arrived at. [4] The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained. [5] The exact time of commencement and completion of the examination shall also be noted in the report. [6] The report should be forward, without delay to the investigating officer, who shall forward it to the Magistrate. [7] Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf.
*An amendment has been done in Section 176 where in sub-section (1), the words “where any person dies while in the custody of the police or” is omitted. A new subsection 1-A, has been included where (a) any person dies or disappears, or (b) rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police or in any other custody authorized by the Magistrate or the court, under this Code in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offence has been committed. A new insertion has been made after sub-section (4) before the Explanation. It states that (5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation, as the case may be, under sub-section (1-A) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing.
Changes proposed in Indian Penal Code, 1860
The amendment bill, 2006 has following propositions and is to be passed in the parliament. Certain sections have a direct bearing on medical practitioners and only those are listed below:
*In Section 304 [punishment for culpable homicide not amounting to murder], a new provision has been made, namely:— “Provided that if death is caused to a girl or a woman, the accused committing such homicide shall be punished with imprisonment for whole life and shall also be liable for fine which may extend to two lakh rupees.
In sub-section (2) of Section 304-B [definition and punishment for dowry death], for the words “seven years” the words “ten years” shall be substituted thereby increasing the punishment for dowry deaths.
*In Section 312 [punishment for causing miscarriage not in good faith to save the life of woman with her consent], before the explanation the following provision shall be inserted, namely:—“Provided that if the miscarriage is of a female foetus caused after a sex determination test, the person or the pregnant woman, as the case may be, causing miscarriage of such female foetus shall be punished with rigorous imprisonment which shall not be less than seven years but may extend to imprisonment for life and shall also be liable to fine which may extend to one lakh rupees.
*In Section 313 [punishment for causing miscarriage not in good faith to save the life of woman 8
The bill for the changes in certain sections of Criminal Procedure Code has been passed in year 2005 and the amendments are in force as on today. Certain sections have a direct bearing on medical practitioners and only those are listed below:
*Powers of 1st and 2nd Class Judicial Magistrates have been changed. A first class judicial magistrate can now award fine up to Rs. 10,000/- [earlier Rs. 5,000/-] whereas a second class judicial magistrate can now award fine up to Rs. 5,000/- [earlier Rs. 1,000/-] as per changes in Section 29 of the said act.
*Section 53 [1] states that an accused can be examined by a doctor at the request of a police officer, not below the rank of a sub-inspector [or any other officer acting under his direction and good faith], even without his consent, and by use of reasonable force, if there are reasonable grounds to believe that such an examination will afford evidence regarding the commission of the offence. In this section, word ‘examination’ has been elaborated meaning examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests that a registered medical practitioner thinks necessary in that particular case.
A new Section 53 – [A] has been introduced regarding examination of person accused of rape by medical practitioner. It states that [1] when a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds to believe that an examination will afford evidence as to the commission of the offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector [or any other officer acting under his direction and good faith], to make such an examination of the arrested person with use of reasonable force as required. [2] The registered medical practitioner conducting such examination has to examine such person without any delay and prepare a report of his examination giving the following particulars, namely the name, age and address of the accused, brought by whom, injury over the body, if any with complete description of all the materials taken from the body of accused examined for further investigations. [3] The report should precisely state all the reasons for each conclusion arrived at. [4] The exact time of commencement and completion of the examination should be noted in the report. [5] The report should be forward, without delay to the investigating officer, who shall forward it to the Magistrate.
*Section 54 of the principal act has been renumbered as sub-section [1] and sub-section [2] has been introduced which states that where an examination is made under sub-section (1), a copy of the report of such examination is to be furnished by the registered medical practitioner to the arrested person or the person nominated by such arrested person.
*A new Section 164 – [A] has been introduced regarding medical examination of victim of rape. According to it, [1] when during investigation, medical examination of victim of rape/ attempted rape is to be done, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman should be sent to a registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence. [2] The registered medical practitioner, to whom such woman is sent, should examine her, without any delay and prepare a report of her examination giving the following particulars, namely the name, age and address of the woman, brought by whom, injuries over the body, general mental condition of the female with detailed description of all materials taken for investigation. [3] The report should precisely state all the reasons for each conclusion arrived at. [4] The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained. [5] The exact time of commencement and completion of the examination shall also be noted in the report. [6] The report should be forward, without delay to the investigating officer, who shall forward it to the Magistrate. [7] Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf.
*An amendment has been done in Section 176 where in sub-section (1), the words “where any person dies while in the custody of the police or” is omitted. A new subsection 1-A, has been included where (a) any person dies or disappears, or (b) rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police or in any other custody authorized by the Magistrate or the court, under this Code in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offence has been committed. A new insertion has been made after sub-section (4) before the Explanation. It states that (5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation, as the case may be, under sub-section (1-A) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing.
Changes proposed in Indian Penal Code, 1860
The amendment bill, 2006 has following propositions and is to be passed in the parliament. Certain sections have a direct bearing on medical practitioners and only those are listed below:
*In Section 304 [punishment for culpable homicide not amounting to murder], a new provision has been made, namely:— “Provided that if death is caused to a girl or a woman, the accused committing such homicide shall be punished with imprisonment for whole life and shall also be liable for fine which may extend to two lakh rupees.
In sub-section (2) of Section 304-B [definition and punishment for dowry death], for the words “seven years” the words “ten years” shall be substituted thereby increasing the punishment for dowry deaths.
*In Section 312 [punishment for causing miscarriage not in good faith to save the life of woman with her consent], before the explanation the following provision shall be inserted, namely:—“Provided that if the miscarriage is of a female foetus caused after a sex determination test, the person or the pregnant woman, as the case may be, causing miscarriage of such female foetus shall be punished with rigorous imprisonment which shall not be less than seven years but may extend to imprisonment for life and shall also be liable to fine which may extend to one lakh rupees.
*In Section 313 [punishment for causing miscarriage not in good faith to save the life of woman 8
without her consent], the following provision shall be added, namely— Provided if a miscarriage of a female foetus is caused after pre-natal sex determination test, the accused shall be punished with imprisonment for life and shall also be liable to fine which may extend to two lakh rupees.
*In Section 314 [punishment for causing death of woman by an act done with intent to cause miscarriage], for the words “imprisonment of either description for a term which may extend to ten years and shall also be liable to fine” the words “rigorous imprisonment which shall not be less than ten years and shall also be liable to fine which may extend to two lakh rupees” shall be substituted. Also before the explanation the following provision shall be inserted, namely:— “Provided that if the miscarriage is caused after conducting a pre-natal sex determination test of the foetus confirming it to be a female foetus, the person causing the miscarriage shall be punished with rigorous imprisonment for life and shall also be liable to fine which may extend to two lakh rupees.
*In Section 315 [punishment for doing an act with intent to prevent a child being born alive or die soon after birth], original section has to be renumbered as sub-section (1) thereof and the following sub-section shall be inserted, namely:— (2) If the offence referred to in sub-section (1) is committed after conducting a pre natal sex determination test confirming a female foetus, the person committing such an offence shall be punished with rigorous imprisonment for life and shall also be liable to fine which may extend to two lakh rupees.
*In Section 316 [punishment for causing death of a quick unborn child by an act amounting to culpable homicide], original section shall be re-numbered as sub-section (1) thereof and the following sub-section shall be inserted, namely:— (2) If the offence referred to in sub-section (1) is committed after conducting a sex determination test confirming that the quick unborn child is female child, the person doing such as act shall be punished with rigorous imprisonment for life and shall also be liable to fine which may extend to one lakh rupees.
*In Section 317 [punishment for exposing and abandoning a child under 12 years of age by parents or person having care of it], original section shall be re-numbered as sub-section (1) thereof and the following sub-section shall be inserted, namely:— (2) If the child so exposed or abandoned is a girl child, the person doing so shall be punished with rigorous imprisonment for term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees.
*In Section 318 [punishment for concealment of birth by secret disposal of body], original section shall be re-numbered as sub-section (1) thereof the following sub-section shall be inserted, namely:— (2) If the child whose dead body is so disposed of is of a girl child the person committing such offence shall be punished with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine which may extend to fifty thousand rupees.
*In Section 376 [punishment for rape], after sub-section (2), the following sub-sections shall be inserted, namely:— (3) Notwithstanding anything contained in sub-section (2) whoever commits rape on a woman when she is under ten years of age shall be punished with death and (4) Whoever commits incestuous rape on a woman shall be punished with death.
References:
The Code of Criminal Procedure [amendment] Act, 2005 [No. 25 of 2005] dated June 23, 2005.
*In Section 314 [punishment for causing death of woman by an act done with intent to cause miscarriage], for the words “imprisonment of either description for a term which may extend to ten years and shall also be liable to fine” the words “rigorous imprisonment which shall not be less than ten years and shall also be liable to fine which may extend to two lakh rupees” shall be substituted. Also before the explanation the following provision shall be inserted, namely:— “Provided that if the miscarriage is caused after conducting a pre-natal sex determination test of the foetus confirming it to be a female foetus, the person causing the miscarriage shall be punished with rigorous imprisonment for life and shall also be liable to fine which may extend to two lakh rupees.
*In Section 315 [punishment for doing an act with intent to prevent a child being born alive or die soon after birth], original section has to be renumbered as sub-section (1) thereof and the following sub-section shall be inserted, namely:— (2) If the offence referred to in sub-section (1) is committed after conducting a pre natal sex determination test confirming a female foetus, the person committing such an offence shall be punished with rigorous imprisonment for life and shall also be liable to fine which may extend to two lakh rupees.
*In Section 316 [punishment for causing death of a quick unborn child by an act amounting to culpable homicide], original section shall be re-numbered as sub-section (1) thereof and the following sub-section shall be inserted, namely:— (2) If the offence referred to in sub-section (1) is committed after conducting a sex determination test confirming that the quick unborn child is female child, the person doing such as act shall be punished with rigorous imprisonment for life and shall also be liable to fine which may extend to one lakh rupees.
*In Section 317 [punishment for exposing and abandoning a child under 12 years of age by parents or person having care of it], original section shall be re-numbered as sub-section (1) thereof and the following sub-section shall be inserted, namely:— (2) If the child so exposed or abandoned is a girl child, the person doing so shall be punished with rigorous imprisonment for term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees.
*In Section 318 [punishment for concealment of birth by secret disposal of body], original section shall be re-numbered as sub-section (1) thereof the following sub-section shall be inserted, namely:— (2) If the child whose dead body is so disposed of is of a girl child the person committing such offence shall be punished with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine which may extend to fifty thousand rupees.
*In Section 376 [punishment for rape], after sub-section (2), the following sub-sections shall be inserted, namely:— (3) Notwithstanding anything contained in sub-section (2) whoever commits rape on a woman when she is under ten years of age shall be punished with death and (4) Whoever commits incestuous rape on a woman shall be punished with death.
References:
The Code of Criminal Procedure [amendment] Act, 2005 [No. 25 of 2005] dated June 23, 2005.
The Indian Penal Code [Amendment] Bill, 2006 [bill no. XXXI of 2006].
1 comments:
Dear Sir,
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Thanks,
Dr. Vipul
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