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AS INTRODUCED IN LOK SBHA

Bill No. 81 of 2023

THE INDIAN PENAL CODE (AMENDMENT) BILL, 2023

A

BILL
further to amend the Indian Penal Code, 1860.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as

follows: —
CHAPTER I Short title and
commencement.
PRELIMINARY
1. (1) This Act may be called the Indian Penal Code (Amendment) Act, 2023.
(2) It shall come into force at once.

CHAPTER II
AMENDMENTS TO THE INDIAN PENAL CODE

2. After section 10 of the Penal Code, the following section shall be inserted, Insertion of new
section 10A.
5 namely: —
“10A. “Individual”. - The word “individual” denotes any human being.”

3. In section 354D of the Penal Code, —

(a) in sub-section (1), for the words “Any man who”, the words "Anyone who" Amendment of
section 354D
shall be substituted;
(b) in sub-section (1) clause (i) for the words “follows a woman and contacts,
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or attempts to contact such woman to foster personal interaction repeatedly despite a
clear indication of disinterest by such woman; or”, the words “follows another
individual and contacts, or attempts to contact them to foster personal interaction
repeatedly despite a clear indication of disinterest by the other individual; or” shall
15 be substituted;
(c) in sub-section (1) clause (ii) for the words “monitors the use by a woman
of the internet, email or any other form of electronic communication,”, the words
“monitors the use by another individual of the internet, email or any other form of
electronic communication,” shall be substituted;
20 (d) in the proviso to sub-section (1) for the words “Provided that such conduct
shall not amount to stalking if the man who pursued it proves that”, the words
“Provided that such conduct shall not amount to stalking if the individual who pursued
it proves that” shall be substituted;
(e) in the proviso to sub-section (1) for sub-clause (i) for the words “it was
25 pursued for the purpose of preventing or detecting crime and the man accused of
stalking had been entrusted with the responsibility of prevention and detection of
crime by the State; or” the words “it was pursued for the purpose of preventing or
detecting crime and the accused of stalking had been entrusted with the responsibility
of prevention and detection of crime by the State; or” shall be substituted;.
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4. In the Indian Penal Code, 1860 (hereinafter referred to as the Code), in section Amendment of
498A, for the words "Husband or relative of husband of a woman subjecting them to section 498A
cruelty", the words " " Spouse or relative of Spouse subjecting them to cruelty ".
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STATEMENT OF OBJECTS AND REASONS
The ministry keeping in mind various factors have brought about certain
amendments through the Indian Penal Code. There are several reasons why amendment
to the Indian Penal Code (IPC) of 1860 may been necessary with respect to gender
neutrality under Sections aforementioned.

The various reasons for this step is mentioned subsequently:

The principle of gender neutrality is based on the idea that laws should be
applied equally to all. This promotes equality and ensures that no one is discriminated
against on the basis of their gender. Another reason being prevention of misuse, the
current provisions under Section 498A and 354D are gender-specific and may be misused
by individuals to file false complaints against others. By making these sections gender-
neutral, it will prevent such misuse and ensure that justice is served to all individuals,
regardless of their gender.
As a response to the current need of the society that is a gender-neutral term was
required to be used as a umbrella term for all irrespective of their gender, thus a small
amendment to add the aforementioned term should be made.
The current provisions under Section 498A and 354D only offer protection to
women, while others who are victims of stalking and cruelty by their spouse and are often
left without any legal recourse. By making these sections gender-neutral and addition of
a gender-neutral term i.e., “Individual”, it will offer protection to all. Compliance with
international obligations India is a signatory to several international treaties and
conventions that promote gender equality and non-discrimination. Gender-neutral
provisions in the IPC will help India to comply with its international obligations.
Therefore, making amendments to the IPC with respect to gender neutrality under
Section 498A, 354D and introduction of gender-neutral term is necessary to promote
equality, prevent misuse, offer protection to all, and comply with
international obligations.

Hence this Bill.

SHRI KIREN RIJIJU
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LOK SABHA

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BILL
further to amend the Indian Penal Code, 1860.

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(Shri Kiren Rijiju, Minister of Law & Justice)