As street protests against the rape and murder of a young doctor in Kolkata’s R G Kar Medical College and Hospital continued to roil West Bengal, the state Assembly on Tuesday unanimously passed a Bill providing for mandatory death penalty in cases of rape where the victim dies or is left in a permanent vegetative state.
The Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 (Aparajita Bill) also introduces death as the maximum punishment in all cases of rape, and changes the way in which cases of rape are to be investigated and tried — by a Special Task Force and Special Courts in every district respectively.
To effect these changes, the Bill amends provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS), and the Protection of Children Against Sexual Offences Act, 2012 (POCSO) in the state.
Before West Bengal, the Andhra Pradesh and Maharashtra Assemblies had passed laws prescribing the death penalty for rape by amending the criminal laws in force at the time. Neither Bill has received the mandatory assent of the President yet.
Earlier, the Madhya Pradesh and Arunachal Pradesh Assemblies had, in 2017 and 2018 respectively, introduced the death penalty for the rape or gangrape of “a woman up to twelve years of age” (Sections 376AA and 376DA of the Indian Penal Code, 1860).
Why President’s assent is crucial
West Bengal: Aparajita Bill
The West Bengal Bill begins by specifying that “Imprisonment for life” in Section 4(b) of the BNS “includes simple imprisonment for life or rigorous imprisonment for life”. Rigorous imprisonment involves hard labour during the sentence.
SECTION 64 OF BNS: This section (“Punishment for rape”) provides for both the floor punishment for the crime and for punishment in cases where aggravating circumstances are present, such as rape by a public servant, a member of the armed forces, during communal violence, etc. In both situations, the maximum punishment is “imprisonment for life”.
The Aparajita Bill amends Section 64 to add the words “or with death” at the end of the description of the punishments.
SECTION 66: This provision in the “principal act” (BNS) punishes rape “which causes the death of the woman or causes the woman to be in a persistent vegetative state” with a minimum 20 years in prison with the possibility of life imprisonment, “or with death”.
The Aparajita Bill deletes the mentions of all punishments barring death, making the death penalty mandatory in such cases.
SECTION 70: This BNS section deals with the offence of “Gang rape”. There is a provision for the death penalty in cases where the victim is “under eighteen years of age” (Section 70(2)), but in the case of older women, the maximum punishment is rigorous imprisonment for life (Section 70(1)).
The West Bengal Bill amends Section 70(1) to introduce the death penalty also for the gang rape of a woman above age 18.
SECTIONS 71, 72, 73: For repeat offenders (Section 71), the Aparajita Bill replaces the punishment of simple “imprisonment for life” with “rigorous imprisonment for life”. It also increases the jail terms for disclosing the identity of a rape victim (Section 72) and for publishing information relating to court proceedings in rape cases (Section 73).
ACID ATTACKS: The Bill removes the lighter punishments for acid attacks (prison terms less than life and fine), leaving “rigorous imprisonment for life” as the only punishment (Section 124).
DEATH IN POCSO ACT: The Bill amends the POCSO Act to introduce the death penalty for penetrative sexual assault (Section 4), where the highest punishment currently is life imprisonment.
TASK FORCES, SPECIAL COURTS: The Aparajita Bill provides for special institutions with the express purpose of investigating, hearing, and deciding rape cases on strict timelines.
The amendment Bill introduces Section 29C to the BNSS, under which the state government shall create a special Aparajita Task Force in every district to investigate cases of rape. All persons, including government officers, will be obligated to assist the task force “without any delay”, failing which they can be imprisoned for six months.
The Bill also reduces the time provided under BNSS Section 193 to complete the investigation into the relevant BNS and POCSO offences from two months to 21 days (which can be extended by another 15 days if necessary).
The Bill introduces Sections 29A and 29B to the BNSS to establish Special Courts in every district “for the purpose of expeditious completion of inquiry or trial” in rape cases, and to appoint a Special Public Prosecutor respectively.
The Bill also amends BNSS Section 346, reducing the time given to complete the trial after the chargesheet is filed from two months to 30 days.
The Bill will now be presented to the Governor of West Bengal who will send it to President Droupadi Murmu, who will then decide whether to give her assent and allow the Bill to come into force.
Andhra Pradesh: Disha Bills
In November 2019, a 26-year-old veterinary doctor was gang raped and murdered in Shamshabad, Hyderabad. Four persons who were arrested were shot dead by police in an encounter on December 6 that year. Then Andhra Pradesh Chief Minister Y S Jagan Mohan Reddy promised to bring legislation to ensure stronger punishments and speedy disposal of cases of crimes against women.
In December 2019, the Assembly unanimously passed the Andhra Pradesh Disha Act – Criminal Law (Andhra Pradesh Amendment) Bill, 2019, and the Andhra Pradesh Disha (Special Courts for Specified Offences against Women and Children) Bill, 2019.
The Bills amended the IPC, 1860 and the Code of Criminal Procedure, 1973 (CrPC) for the state of Andhra Pradesh.
DEATH FOR RAPE: The Disha Bill introduced the death penalty as punishment for the crimes of rape, including against a minor below 16 years of age (IPC Section 376); gang rape (Section 376D); and for repeat offenders (Section 376E).
Like Aparajita, Disha too, created “Special Police Teams” and “Exclusive Special Courts” in every district to investigate and hear cases of crimes against women, and prescribed shortened timelines for investigating and hearing such cases.
It also proposed a “Women and Children Offenders Registry” in which full details of those “involved in” offences against women would be maintained, and be made available to law enforcement agencies.
Both Disha Bills are pending at the Centre, awaiting President Murmu’s decision on giving assent.
Maharashtra: Shakti Bill
In 2020, the Maharashtra legislature passed the Shakti Criminal Laws (Maharashtra Amendment) Bill, 2020. The Shakti Bill too introduced the death penalty in rape cases and provided shortened timelines for concluding the investigation and trial.
OBLIGATION ON WEB PLATFORMS: The Shakti Bill punished with up to one month in prison “any social media platform or Internet or mobile telephony data provider including any intermediary or custodian who fails to share any data including document or electronic record with the Investigation Officer as requested” in cases of crimes against women.
DEATH PENALTY: The Bill introduced the death penalty in “heinous” acid attack cases where “adequate conclusive evidence is there and the circumstances warrant exemplary punishment”.
POCSO ACT: Like Aparajita, Shakti too, amended the POCSO Act to introduce the death penalty as a punishment for penetrative sexual assault (Section 4).
Presidential assent for the Shakti Bill too, is pending. Leaders and workers of the NCP (Sharad Pawar) protested in Mumbai on Tuesday demanding assent to the Bill.
Artwork from the 'Reclaim the Night' protests at Shyambazar crossing in Kolkata on September 4. (Express photo by Partha Paul) 
Why President’s assent is crucial
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