Recently, the Mamata government passed the anti-rape bill in the West Bengal Assembly, but the path to its becoming a law does not seem easy. This bill will not become a law until the governor agrees to it. Bengal Governor CV Anand Bose has expressed displeasure over the Mamata government regarding the bill. The reason behind this is that the technical report related to the bill has not been sent to the governor. Criticizing the Mamata Banerjee government on Thursday, CV Anand Bose said, “I have not been sent a technical report with the anti-rape bill, which is necessary to approve it.” The governor claimed that he is very disappointed because not sending technical reports with bills in the state and then blaming the governor’s office for not approving them has become a regular process.
According to the agency, a Raj Bhavan official said, “The Governor has criticized the state administration for failing to attach a technical report with the Aparajita Bill. According to the rules, it is necessary for the state government to send a technical report before taking a decision on approving the bill.”
‘The bill is a copy of these states’
CV Anand Bose said, “This is not the first time that the government has blamed the Raj Bhavan for not sending the technical report and not approving the bill.” The Governor has also reprimanded the state government for not doing homework in such important matters. He further said, “The bill is a copy of similar bills passed by Andhra Pradesh, Maharashtra and Arunachal Pradesh.”
According to the source, the Governor has expressed his opinion that Mamata Banerjee is threatening to stage a dharna only to deceive the people of West Bengal as she also knows very well that similar bills are pending with the President of India.
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The West Bengal Assembly on September 3 unanimously passed the Aparajita Mahila and Bal Bill (West Bengal Criminal Law and Amendment) Bill, 2024, which seeks the death penalty for rape convicts if their acts result in the death or unconsciousness of the victim and life imprisonment without parole for other offenders.
Other key features of the proposed law include completion of investigation of rape cases within 21 days of the initial report, reduction in the previous time limit of two months, and a special task force where women officers will lead the investigation.
What is proposed in the bill?
The new bill of the Mamata government proposes amendments to some sections of the Indian Penal Code (BNS) that provide punishment for crimes against women. Amendments have been proposed to sections 64, 66, 68, 70, 71, 72, 73 and 124.
Apart from this, amendment has been proposed in sections 193 and 346 of the Indian Civil Security Code (BNSS). Whereas, amendment has been proposed in sections 4, 6, 8, 10 and 35 of the POCSO Act.
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How did Mamata government’s bill differ from BNS?
1. Punishment for misdeed
– What in BNS?: Section 64 provides for punishment for rape. It provides for a minimum punishment of 10 years, which can be extended to life imprisonment. In this, life imprisonment means that the culprit will have to spend as long as he is alive. There is also a provision for fine.
– What is in the Bengal Government’s bill?: There is a provision for life imprisonment. In such cases, the court can also sentence the culprit to life imprisonment. There is also a provision for death penalty and fine.
2. Punishment for murder after rape
– What in BNS?: Under Section 66, if the victim dies after the rape or goes into a coma, then there is a provision for a minimum jail term of 20 years, which can be extended to life imprisonment. There is also a provision for the death penalty.
– What is in the Bengal Government’s bill?: In such cases, the guilty will be awarded death sentence. A fine will also be imposed.
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3. Punishment for gang rape
– What in BNS?: Section 70(1) states that if a woman is gang-raped, all the convicts will be sentenced to a minimum of 20 years, which can be extended to life imprisonment. If the victim is below 18 years of age, all the convicts will be sentenced to a minimum of life imprisonment. All the convicts can also be sentenced to death.
– What is in the Bengal Government’s bill?: In gangrape cases, all the accused will be given a minimum punishment of life imprisonment. Here also, life imprisonment will mean that the accused will not be able to come out of jail alive. There is also a provision for death penalty. Fine will also be imposed.
4. Punishment for repeat offenders
– What in BNS?: According to Section 71, if a person is found guilty of repeated rape, he will be punished with a minimum of life imprisonment. Death sentence can also be given. A fine will also be imposed.
– What is in the Bengal Government’s bill?: In such a case, the guilty person will have to spend life in jail. He can also be sentenced to death. There is also a provision for fine.
5. Punishment for revealing identity of victim
– What in BNS?: Section 72(1) provides that if any person reveals the identity of the victim of rape or gang rape, then, if found guilty, the punishment shall be two years imprisonment and fine.
– What is in the Bengal Government’s bill?: In such cases, if found guilty, a punishment of 3 to 5 years has been provided. Along with this, a fine will also be imposed.
6. Punishment for publishing court proceedings
– What in BNS?: In such cases, publishing court proceedings without permission can lead to imprisonment of up to 2 years. A fine can also be imposed. This is provided in Section 73.
– What is in the Bengal Government’s bill?: For doing so, there is a provision of 3 to 5 years imprisonment and fine.
7. On acid attack
– What in BNS?: Under Section 124(1), if a person attacks someone knowing that the attack will cause serious harm to another person, then if found guilty, the punishment is a minimum of 10 years, which can be extended to life imprisonment. Whereas, under Section 124(2), if found guilty of acid attack, the punishment is a jail term of 5 to 7 years. A fine is also imposed in both the cases.
– What is in the Bengal Government’s bill?: There is a proposal to amend both the sections, under which there is a provision of life imprisonment for the convicted person. In such cases also, life imprisonment will mean that the convicted will have to remain in jail as long as he is alive. There is also a provision for a fine.
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Will the death sentence be carried out in 10 days?
There is no mention of hanging the culprit within 10 days anywhere in the Bengal government’s bill. However, this bill proposes an amendment to the Indian Civil Security Code (BNSS), which reduces the deadline for the police to complete the investigation and trial.
The Bengal government’s bill says that the police will have to complete their investigation within 21 days after receiving the first information. If the investigation is not completed in 21 days, the court can give 15 more days, but for this the police will have to give the reason for the delay in writing. Whereas, BNSS gives the police two months to complete the investigation. If the investigation is not completed in two months, then 21 more days can be given.
Apart from this, there is also a provision in the Bengal government’s bill that in cases of crime against women and children, the trial must be completed within one month of filing the charge sheet. Whereas, the time limit in BNSS is two months.
Now what?
At present, this bill has been passed by the Mamta government in the assembly. Now it will be sent to the Governor. After the Governor’s approval, it will be sent for the President’s approval. This bill will become a law only after the President’s approval.
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