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Report No. 172

7.3.6. Consequential amendments in the First Schedule to the Code of Criminal Procedure, 1973 recommended.-

Consequent upon the proposed amendments in the IPC, the existing entries in respect of sections 376 to 376D, 377 and 509 will have to be substituted and entry in respect of new section 376E, IPC will have to be inserted as under:

376 Sexual assault Imprisonmentfor 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 Sexual intercourse by any member of the management or staff of a hospital with any woman in that hospital. Ditto 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

(paragraph 4.7, supra)



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