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State of Jammu-Kashmir - Section

Section 27 in Jammu and Kashmir Criminal Laws (Amendment) Act, 2013

27. In the Schedule-II of the Code of Criminal Procedure:

(a)after the entries relating to section 166, the following entries shall be inserted, namely:-
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166A. Public servant disobeying direct on under law Shall not arrest without warrant Summons Bailable Not compoundable Imprisonment for one years or fine or with both Judicial Magistrate of the First Class.
166B. Non-treatment of victim by hospital Shall not arrest without warrant Summons Bailable Not compoundable Imprisonment for one year or fine or with both Judicial Magistrate of the First Class.
(b) entry relating to section 294, in column 7,for the words "Simple imprisonment for three months or fineor both," the words "Simple imprisonment which shallnot be less than six months but which may extend to 3 years andwith fine" shall be substituted.(c) after the entriesrelating to section 326, the following entries shall be inserted,namely:-
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"326A Voluntary causing grievous hurt by use of acid,etc. May arrest without warrant Warrants Non-Bailable Not compoundable Imprisonment for not less than 10 years but whichmay extend to imprisonment for life and fine of 10 lakh rupees. Court of Session.
326B. Voluntarily throwing or attempting to throw acid. May arrest without warrant. Warrants Non-Bailable Not compoundable Imprisonment for 5 years but which may extend to7 years and fine. Court of Session.
(d) for the entries relating to section 354, thefollowing entries shall be substituted, namely:-
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"354. Assault of use of criminal force to woman withintent to outrage her modesty. May arrest without warrant Warrant Non-Bailable Not Compoundable Imprisonment of 1 year which may extend to 5years and with fine Judicial Magistrate
354A. (1) Sexual harassment of the nature of unwelcomephysical contact and advances or a demand or request for sexualfavours May arrest without warrant Warrant Bailable Not Compoundable Imprisonment which may extend to 3 years of withfine or with both Judicial Magistrate.
  (2) Sexual harassment of the nature of makingsexually coloured remark. May arrest without warrant Warrant Bailable Not Compoundable Imprisonment which may extend to 1 years and withfine Judicial Magistrate
354B. Assault or use May arrest of criminal withoutforce to woman warrant with May arrest without warrant Warrant Non-Bailable Not Compoundable Imprisonment of not less than 3 years but whichmay extend to 7 years and with fine Judicial Magistrate
354C. Voyeurism May arrest without warrant Warrant Bailable Not Compoundable Imprisonment of not less than 1 year but whichmay extend to 3 years and with fine for first conviction JudicialMagistrate.  
        Non Bailable Not Compoundable Imprisonment of not less than 3 years but whichmay extend to 5 years and with fine for second or subsequentconviction Judicial Magistrate.
354D. Stalking May arrest without warrant Warrant Bailable Not Compoundable Imprisonment of not less than 1 year but whichmay extend to 3 years and with fine Judicial Magistrate.
(e) for the entries relating to section 370, thefollowing entries shall be substituted, namely:-
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"370. (1) Trafficking of person May arrest without warrant Warrant Non-Bailable Not Compoundable Imprisonment of not less than 3 years but whichmay extend to 7 years and with fine Court of Session.
  (2) Trafficking of more than one person. May arrest without warrant Warrant Non-Bailable Not Compoundable Imprisonment of not less than 5 years but whichmay extend to 7 years and with fine Court of Session.
  (3) Trafficking of a minor. May arrest without warrant. Warrant Non- Bailable Not Compoundable Imprisonment of not less than 5 years but whichmay extend to imprisonment for life which shall men remainder ofthat person's natural life Court of Session.
  (4) Trafficking of more than one minor Shall not arrest without warrant Warrant Non-Bailable Not Compoundable Imprisonment of not less than 10 years but whichmay extend to 15 years Court of Session.
  (5) Public servant or a police officer involvedin trafficking of minor May arrest without warrant Warrant Non-Bailable Not Compoundable Imprisonment of life which shall mean theremainder of that person's life and fine of Rs. One lakh Court of Session.
  (6) Person convicted of offence of trafficking ofminor on more than one occasion May arrest without warrant Warrant Non- Bailable Not Compoundable Imprisonment for life which shall mean theremainder of that person's natural life and fine of Rs. 2 lakhs. Court of Session.
370A. (1) Employing of a trafficked child May arrest without warrant Warrant Non-Bailable Not Compoundable Imprisonment of nor less than 5 years but whichmay extend to 7 years and with fine Court of Session.
  (2) Employing of a trafficked adult person May arrest without warrant Warrant Non-Bailable Not Compoundable Imprisonment of not less than 1 year but whichmay extend to 3 years and with fine Court of Session.
(f) for the entries relating to section 376,376A, 376B, 376C and 376D, the following entries shall besubstituted, namely:-
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376. (1) Rape May arrest without warrant Warrant Non-Bailable Not Compoundable Rigorous Imprisonment of not less than 8 yearsbut which may extend to imprisonment for fife and with fine Court of Session.
  (2) Rape by a police officer or a public servantor member of armed forces or a person being on the management oron the staff of a jail, remand home or other place of custody orwomen's or children's institution or by a person on themanagement or on the staff of a hospital, and rape committed by aperson in a position of trust or authority towards the victimassaulted or by a near relative of the victim May arrest without warrant Warrant Non-Bailable Not Compoundable Rigorous imprisonment of not less than 10 yearsbut which may extend to Imprisonment for life which shall meanremainder of that person's natural life and with fine Court of Session.
376A. Persons committing an offence of rape andinflicting injury which causes death or causes the victim to bein a persistent vegetal vestate May arrest without warrant Warrant Non-Bailable Not Compoundable Rigorous Imprisonment of not less than 25 yearsbut which may extend to imprisonment for life which shall meanthe remainder of that person's natural life or with death Court of Session.
376B. Sexual Intercourse by the husband upon his wifeduring separation May arrest without warrant Warrant Non-Bailable Not Compoundable Imprisonment for not less than 2 years but whichmay extend to 7 years and with fine Court of Session.
376C. Sexual Intercourse by a person in authority May arrest without warrant Warrant Non-Bailable Not Compoundable Rigorous Imprisonment for not less than 10 yearsbut which may extend to Imprisonment for life which shall meanremainder of that person's life and with fine Court of Session.
376D. Gang Rape May arrest without warrant Warrant Non-Bailable Not Compoundable Rigorous Imprisonment for not less than 25 yearsbut which may extend to imprisonment for life which shall meanremainder of that person's life and compensation to the victim Court of Session.
376E. Repeat offenders May arrest without warrant Warrant Non-Bailable Not Compoundable Imprisonment for life which shall mean theremainder of that person's natural life. Court of Session.
(g)entry relating to section 420, in column "whether bailable or not", the words "bailable" shall be substituted bywords "not bailable";
(h)entry relating to section 509, in column 3, for the words "simple imprisonment for one year, or line, or both," the words "simple imprisonment which shall not be less than one year but which may extend to three years and with fine" shall be substituted.