JAMMU AND KASHMIR CRIMINAL LAWS (SEXUAL OFFENCES) (AMENDMENT) ACT, 2018

JAMMU AND KASHMIR CRIMINAL LAWS (SEXUAL OFFENCES) (AMENDMENT) ACT, 2018

Preamble - JAMMU AND KASHMIR CRIMINAL LAWS (SEXUAL OFFENCES) (AMENDMENT) ACT, 2018

THE JAMMU AND KASHMIR CRIMINAL LAWS (SEXUAL OFFENCES) (AMENDMENT) ACT, 2018

[Act No. 48 of 2018]

[13th December, 2018]

PREAMBLE

An Act to amend the State Ranbir Penal Code, Samvat 1989, the Code of Criminal Procedure, Samvat 1989 and the Evidence Act, Samvat 1977.

In exercise of the powers vested under Proclamation No. P-1/18 of 2018 dated 20th of June, 2018, the Governor is pleased to enact as follows:-

Section 1 - Short title and commencement

(1)     This Act may be called the Jammu and Kashmir Criminal Laws (Sexual Offences) (Amendment) Act, 2018.

(2)     It shall come into force from the date of publication in the Government Gazette.

Section 2 - Insertion of section 354 E, Act No. XII of Samvat 1989

In the State Ranbir Penal Code, Samvat 1989(hereinafter in this Chapter referred to as the 'Penal Code'), after section 354 D, the following section shall be inserted, namely:-

"354E Sextortion.- 

(1)     Whoever,-

(a)      being in a position of authority; or

(b)      being in a fiduciary relationship; or

(c)      being a public servant, abuses such authority or fiduciary relationship or misuses his official position to employ physical or non physical forms of coercion to extort or demand sexual favours from any woman in exchange of some benefits or other favours that such person is empowered to grant or withhold, shall be guilty of offence of sextortion.

Explanation--'Sexual favour' shall mean and include any kind of unwanted sexual activity ranging from sexually suggestive conduct, sexually explicit actions such as touching, exposure of private body parts to sexual intercourse, including exposure over the electronic mode of communication.

(2)     Any person who commits the offence of sextortion shall be punished with rigorous imprisonment for a term which shall not be less than three years but may extend to five years and with fine."

Section 3 - Amendment of section 375, Act No. XII of Samvat 1989

In section 375 of the Penal Code-

I.         for the words "following seven descriptions", the words "following eight descriptions", shall be substituted; and

II.       after description Seventhly, the following description shall be inserted, namely:-

"Eighthly.- With her consent obtained in exchange for exercising or misusing authority."

Section 4 - Amendment of section 154 Act No. XXIII of Samvat 1989

In section 154 of the Code of Criminal Procedure, Samvat, 1989, (hereinafter referred to as 'the Code of Criminal Procedure') in sub-section (1) in first proviso thereto, for the words and figures "section 354D", the words and figures "section 354D, section 354E", shall be substituted.

Section 5 - Amendment of section 161 Act No. XXIII of Samvat 1989

In section 161 of the Code of Criminal Procedure, in sub-section (3), in second proviso thereto, for the words and figures "section 354 D", the words and figures "section 354D, section 354E", shall be substituted.

Section 6 - Amendment of Schedule II, Act No. XXIII of Samvat 1989

In Schedule II of the Code of Criminal Procedure, after the entry 354D, the following entry shall be inserted, namely:-

Section 7 - Amendment of section 53 A, Act XIII of Samvat 1977

In section 53A of the Evidence Act, Samvat 1977, for the words and figures

"section 354D", the words and figures "section 354D, section 354E", shall be substituted.