Report No. 172

4.6.1. Views of "Sakshi" considered.-

The representatives of Sakshi supported the said proposal with a few additions. By means of these additions it was sought to be provided that the registered medical practitioner shall also state in his report with respect to "any traces of blood, semen and evidence of any recent sexual activity in reasonable detail". We are, however, of the opinion that the said addition suggested by Sakshi is unnecessary since the provision as suggested by the 84th Report is comprehensive enough to take in the said particulars as well. Accordingly, we affirm and reiterate the recommendation of the 84th Report, subject, however, to changes and adaptations in the light of our recommendation for substitution of section 375 of the IPC.

4.6.2. New section 53A in the Code of Criminal Procedure, 1973 recommended.-

Thus the proposed section 53A shall read as follows:

"53A. (1) When a person accused of any of the offences under sections 376, 376A, 376B, 376C, 376D or 376E or of an attempt to commit any of the said offences, is arrested and an examination of his/her person is to be made under this section, he/she shall be sent without delay to the registered medical practitioner by whom he/she is to be examined.

(2) The registered medical practitioner conducting such examination shall without delay examine such person and prepare a report specifically recording the result of his examination and giving the following particulars:

(i) the name and address of the accused and the person by whom he was brought,

(ii) the age of the accused,

(iii) marks of injury, if any, on the person of the accused, and

(iv) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The exact time of commencement and completion of the examination shall also be noted in the report, and the registered medical practitioner shall, without delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section."

4.7. Consequential amendments in the First Schedule to the Code of Criminal Procedure, 1973 recommended. Consequent upon the proposed amendments in sections 376 to 376D, 377 and 509 and the insertion of new section 376E in IPC, the First Schedule to the Code of Criminal Procedure, 1973 will need to be amended and the existing entries in respect of sections 376 to 376D, 377 and 509 of the IPC will have to be substituted and entry in respect of new section 376E will have to be inserted as under:

376	Sexual assault	Imprisonment for life or bailableSessions imprisonment for 10 years	Ditto	Non-bailable	Court of Session
	Sexual assault by a man on his own wife being under 16 years of age.	Imprisonment for 3 years and fine	Non cognizable	Ditto	Ditto
	Sexual assault committed by a person in a position of trust orauthority towards the person assaulted or by a near relative of the person assaulted.	Imprisonment for life and fine	Cognizable	Non-bailable	Ditto
	Sexual assault by a police officer public servant or by a person being on the management or on the staff of a jail, remand home or other place of custody or women's or children's institution or by a person on the management or on the staff of a hospital, taking advantage of his official position.	Imprisonment for life and fine	Cognizable	- Non-bailable	Ditto
376A	Sexual assault by the husband upon his wife during separation.	Imprisonment for 7 years and fine	Cognizable(but only on the complaint of the victim)	Non-bailable	Ditto
376B	Sexual intercourse by public servant with person in his custody.	Imprisonment for 7 years and fine	Cognizable (but only arrest shall be made without a warrant or without an order of a Magistrate)	Non-bailable	Ditto
376C	Sexual intercourse by Superintendent of jail, remand home etc.	Ditto	Ditto	Ditto	Ditto
376D	SexualDitto intercourse by any member of the management or staff of a hospital with any woman in that hospital.	Ditto	Ditto	Ditto
376E	Unlawful sexual contact.	Imprisonment for 2 years or fine or both	Non-cognizable	Bailable	Magistrate of the First Class
	Unlawful sexual contact with a young person	Imprisonment for 3 years	Cogni zable .if information relating to the commission of the offence is given to an Officer-in- charge of a Police Station by the person aggrieved by the offence or by any person related to her/him by blood, or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf	Nonbailable	Ditto
	Unlawful sexual contact by a person in position of trust or authority towards a young person.	Imprisonment for 7 years and fine	Ditto	Nonbailable	Court of Session
377	Delete	Delete	Delete	Delete	Delete
509	Uttering any word or making any gesture of the intended to insult modesty of a woman etc.	Simple imprisonment for 3 years and fine	Cognizable	Nonbailable	Magistrate of the First Class