The West Bengal Assembly unanimously passed an 'anti-rape bill' on September 3, promising stricter punishments to convicts in sexual violence cases. The Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, was introduced amid tensions in the State after a female doctor was allegedly raped and murdered in the capital city's RG Kar Medical College and Hospital on August 9. The Bill proposes the death penalty in cases where the victim has died or been left in a vegetative state.
West Bengal Anti-Rape Bill
According to the Press Trust of India, the Aparajita 'Anti-Rape' Bill was tabled by the Mamata Banerjee-led Trinamool Congress (TMC) government on September 3. It was unanimously passed after the opporition, Bharatiya Janata Party (BJP), also supported the move.
The Bill assures speedy investigation and trial of heinous crimes against women and children and promises stricter punishment for convicts. It seeks to amend the official criminal laws and the Prevention of Protection of Children from Sexual Offences Act (POCSO Act) in the State.
Amendments In BNS and BNSS
The Bill proposes amendments in relevant sections of the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) of West Bengal.
- Section 46 of the BNS is sought to be amended to life imprisonment for the remainder of a rape convict's natural life or death penalty, with a fine. Presently, the BNS imposes imprisonment of at least 10 years for rape cases, which may extend to life imprisonment. The new Bill proposes the death penalty in Section 66 of the BNS in cases where the victim has died or been left in a vegetative state.
- In the case of gang rape, the Bill prescribes Section 70(1) of the BNS to impose life imprisonment for the remainder of the convict's life or the death penalty along with a fine. Under the present BNS, the punishment for gang rape was imprisonment for at least 20 years, which may extend to life imprisonment for the remainder of one's life.
- The new Bill also imposes enhanced punishment for disclosing the rape victim/survivor's identity. Under the amendment, Section 72 of the BNS seeks imprisonment of 3-5 years and a fine. A similar enhanced punishment is proposed for publishing court proceedings in such cases without permission.
- The Aparajita Bill seeks amendment in Section 193 of the BNSS to provide a shorter timeline for investigation in rape cases. The Bill states that such cases should conclude investigations within 21 days as opposed to the two months provided in the current BNS.
- The Bill also proposes amending Section 346(1) of the BNSS so that inquiry or trial of such cases is completed within 30 days from the date of filing the chargesheet.
- The Bill also seeks amendment to the BNSS to establish special courts under a newly introduced Section 29A, to ensure the expeditious completion of inquiries or trials in rape and related cases.
- Moreover, the newly proposed Section 29B states that rape trials should be conducted by a Special Public Prosecutor who would be appointed by government notification. This lawyer must have at least seven years of practice.
- The Bill also introduces Section 29C, which proposes the formulation of a special task force at the district level known as the Aparajita Task Force, headed by the Deputy Superintendent of Police, for handling rape cases. This task force would be led by a female investigator. Those who fail to assist this task force could face six months of imprisonment, a fine which may extend to ₹5,000, or both according to the newly proposed Section 29C (4).
Will This Stop Rampant Sex Crimes In India?
The long-awaited 'anti-rape' proposals have been widely accepted by the public.
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