against whom an offence u/s 354, 354A, 354B, 354C, 354D, 354E or
section 509 of IPC is alleged to have been committed or attempted
shall be recorded, by a woman police officer or any woman officer.
v.
Added S.164(5A) which makes it mandatory for the statement of a
victim to be recorded by a by the Judicial Magistrate, as soon as the
commission of the offence is brought to the notice of the police. Further,
a statement so recorded of a mentally or physically disabled, shall be
considered a statement in lieu of examination-in-chief and the maker of
the statement can be cross-examined on such statement, without the
need for recording the same at the time of trial.
vi.
Added S. 375C which makes it mandatory for every public and private
hospital to provide free first aid or medical treatment to victims of acid
attack and rape, and to immediately inform the police of such incident.
c.
2.
80
Indian Evidence Act
i.
Added S. 53A which states that in a prosecution for an offence of rape,
where the question of consent is in issue, evidence of the character of
the victim or of such person’s previous sexual experience with any
person shall not be relevant on the question of such consent or quality
of consent.
ii.
Amended S.114A to now read that during prosecution for rape under
clauses (a) to (n) of 376(2) IPC, the Court shall presume that she did
not consent if such woman states in her evidence before the court that
she did not consent.
iii.
Amended proviso to S.146 to state that it shall not be permissible to
adduce evidence or to put questions in the cross examination of the
victim as to the general immoral character or previous sexual experience
of such person with any person for proving such consent or quality of
consent.
CRIMINALLAW AMENDMENTACT 2018
a.
INDIAN PENAL CODE
i.
Amended S. 376(1) to increase the quantum of punishment from a
minimum of seven years to a minimum of ten years.