Having considered all the views in favour and against the amendment, it is also important to throw some light on the practical results of the amendment. Criminal law amendment act 2014 part 1 preliminary page 8 2014 act no. Due to the ambiguity in the legislation about what constituted a homosexual act, men who engaged in any homosexual activity were very easily blackmailed and it became known as the blackmailers charter. Code of criminal procedure, 1973 and the protection of children. This act constitutes amendments in indian penal code ipc, the code of criminal procedure 1973, the indian evidence act 1872 and protection of child from sexual offences act, 2012. Some people such as josephine butler and barbara bodichon were concerned that young girls were being sold to brothels. The criminal law amendment act, 1871 the criminal law amendment act, 1871 chapter.
The criminal law amendment act, 20 changes in the rape law post 16. All about criminal law amendment bill 2018 on child rape. Amendment of section 100 of act 32 or 1944, as amended by section 26 of act 40 of 19s2. The criminal law amendment ordinance, 20 is here by repealed. X of 1983 received the assent of the governor on 23rd march, 1983 and published in the government gazette dated 23rd march, 1983. Criminal law amendment act 20 national portal of india.
The criminal law amendment act, 2018, provided that delay in investigation shall pave a way for tampering of evidence, witness intimidation and the acquittal would be the consequence. Section 11 of this piece of legislation the criminal law amendment act 1885 was used to send oscar wilde to prison in 1895, for committing acts of gross. The criminal law amendment act, 1908 an act to provide for the more speedy trial of certain offences, and for the prohibition of associations dangerous to the public peace. The criminal law amendment act, 2018 through the amendment of code of criminal procedure, 1973 provides for speedy trial and investigation in rape cases. An act to make further provision for the treatment and punishment of offenders convicted of sexual offences. The criminal law amendment act, 20 is an indian legislation passed by the lok sabha on 19 march 20, and by the rajya sabha on 21 march 20, which provides for amendment of indian penal code, indian evidence act, and code of criminal procedure, 1973 on laws related to sexual offences. Criminal law amendment act, 1935 irish statute book. The criminal law amendment bill, 20 a bill further to amend the indian penal code, the code of criminal procedure, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012. The criminal law amendment act, 20 nirbhaya act is an indian legislation passed by the lok sabha on 19 march 20, and by the rajya sabha on 21 march 20, which provides for amendment of indian penal code, indian evidence act, and code of criminal procedure, 1973 on laws related to sexual offences. Criminal law amendment act no 8 the omalley archives. An act further to amend the indian penal code, indian evidence act, 1872, the code of criminal procedure, 1973 and the protection of children from sexual offences act, 2012. The criminal law amendment act, 1932 indian kanoon. No confession which is tendered in evidence on any criminal proceeding shall. In the 1860s the age of consent was twelve years old.
The ministry of law and justice introduced the criminal law amendment bill 2018 in lok sabha on july 23, 2018, and the same was passed on 30 july and 6 august by lok sabha and rajya sabha respectively. No legal proceedings, whether civil or criminal, shall be taken against any such woman or girl for taking away or being found in possession of any such wearing. Amendment of section 51 of act 105 of 1997, as substituted by section 1 of act 38 of 2007 and section 26 of act 42 of 20 5. The criminal law amendment act, 2018 institutes some new criminal offences namely section 376ab, section 376ba and section 376db in the indian penal code, 1860. For notification under section 161 and 17a 1 of this act relating to the cancellation and withdrawal of the home departments notification no. This act may be cited as the criminal law amendment act 2000. An act to remove some defects in the administration of the criminal law. It provides for the disposal of appeals within 6 months.
Details related to the act, its objectives, short title and commencement are given. The criminal law amendment act, 20, an indian legislation passed by the lok sabha on 19 march 20, and by the rajya sabha on 21 march 20, provides for amendment of indian penal code, indian evidence act, and code of criminal procedure, 1973 on laws related to sexual offences. Full text full text is available as a scanned copy of the original print version. An offence referred to in section 3 of the criminal matters amendment act, 2015. Criminal law amendment act, 1871 oxford scholarship. Be it enacted by parliament in the sixtyfourth year ofthe republic of india as follows. They became involved in the campaign against the white slave trade and in 1875 the house of commons agreed to raise the age of consent to thirteen. The criminal law amendment bill, 2018 was passed to replace the criminal law amendment ordinance, 2018 which was promulgated after the kathua and unnao rape incidents. Amendment of section 3 of the criminal law amendment act, 1885.
Get a printable copy pdf file of the complete article 325k, or click on a page image below to browse page by page. This enactment amends the criminal code by a adding offences and other measures that provide additional protection to children from sexual exploitation, including sexual exploitation involving use of the internet. The criminal law amendment act of 1885 was enacted on august 14, 1885. Amendment of section 12 of the criminal law amendment act, 1885. The criminal law amendment act, 1961 indian kanoon. The demand for making antirape laws more stringent had started developing due to various child rape incidents. Criminal law amendment act, 1885 irish statute book. The criminal law amendment bill 2018 will amend relevant sections of the ipc, crpc and also pocso act. Criminal law amendment act 1945 queensland legislation. Traditionally, homosexuality was seen as an immoral act, it was encoded under the criminal law amendment act 1885 section 11 that an act of gross indecency between two males led to a term of 2 years imprisonment. Amendment of sections 16, 17 and 18 of the children act, 1908. The criminal law amendment act was finally passed on 14 august 1885 and in its final form effectively repealed sections 49 and 52 of the offences against the person act 1861 and the whole of the offences against the person act 1875. The gang rape of a 23 year old student in delhi on 16th december 2012, led to a country wide agitation by womens groups and feminists all over the country.
The criminal law sexual offences and related matters amendment act 32 of 2007 aims. It raised the age of consent from to 16 years of age. Whereas it is expedient to supplement the criminal law and to that end to amend the indian press emergency powers act, 1931 23 of 1931, and further to amend 1 the indian criminal law amendment act, 1908 14 of 1908, for the purposes. This act may be cited as the criminal law amendment act.
Amendment of section 6 of the criminal law amendment act, 1885. This act was created with the intention to reduce the penalties for women and children and. Notwithstanding such repeal, anything done or any action taken under the indian penal code, the code of criminal procedure, 1973 and the indian evidence act, 1872, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions. Criminal law amendment act 1894 queensland legislation. Amendment or section 96 or act 32 of 1944, as amended by section 2s or act 40 of 19. This act may be called the criminal law amendment act, 1961. Hence, there was an indispensable need for this criminal amendment act. This act, together with the public safety act of 1953, was passed in response to the socalled defiance campaign of 1952, which was a nonviolent campaign instigated by the anc and the south african indian congress against six of the apartheid laws.
The ordinance amends the ipc, 1860, pocso act, 2012 and other laws related to rape of women. His enactment has reduced the period of investigation from 3 to 2 months. The criminal law amendment bill 2018 enhances the minimum sentence for offence of rape against girl. Sch 2 amended by protection of constitutional democracy against terrorist and rel activities act 33 of 2004 from 11 feb 2005. Criminal law amendment act with its many variations is a stock short title used for legislation in the united kingdom, the republic of ireland, canada, india. Governments, labour, and the law in midvictorian britain authors. Sections 2a to 2e inserted in the ordinance by act no. The bill covers the same amendments as were in the ordinance. The criminal law amendment act, 1885 the british library. Section 51 of the criminal law amendment act, 1997 act no. Section 376ab9 specifically deals with the cases where a. Be it enacted by parliament in the twelfth year of the republic of india as follows. The criminal law amendment act, 1908 linkedin slideshare.
Amendment of section 2 of the criminal law amendment act, 1885. Section 11 of this piece of legislation the criminal law amendment act 1885 was used to send oscar wilde to prison in 1895, for committing acts of gross indecency with male persons. An act to amend the criminal code and to amend other acts. These provisions mark serious gradation in terms of severity and punishment when it comes to the incident of raping minors. Criminal law amendment act 1 of 1988 afrikaans text signed by the state president as amended by criminal law amendment act 105 of 1997 act to render punishable certain acts committed by persons whose mental faculties are impaired by the consumption or use of certain substances. On april 21, 2018, the government promulgated the criminal law amendment ordinance, 2018. Criminal law amendment act, 2018 provision, analysis.
The criminal law amendment act, 20 changes in the rape. Be it enacted by parliament in the sixtyfourth year of the republic of india as follows. Criminal law amendment act 105 of 1997 south african. The pocso, act states that the punishment which is higher between the pocso act and the ipc will apply to rape of minors. Get information about the criminal law amendment act, 20. Be it enacted by parliament in the fortyfourth year of the republic of india. An act to amend the criminal law and to provide for more effective. In the last century samesex relationships have been considered acceptable in society. This act commences on a day to be fixed by proclamation. Be it enacted by parliament in the sixtyninth year of the republic of india as follows.
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