The CBI is investigating the rape and murder of a trainee doctor at Kolkata’s RG Kar Hospital. Meanwhile, Chief Minister Mamata Banerjee has introduced a new anti-rape bill. This bill proposes to make the law related to rape more stringent.
Mamata government’s new bill amends the Indian Justice Code (BNS), Indian Civil Security Code (BNSS) and Protection of Children from Sexual Offences Act (POCSO).
If this bill named ‘Aparajita Women and Child (West Bengal Criminal Law Amendment) Bill 2024’ becomes a law, then it will be implemented in the whole of Bengal. Through this amendment, all sexual crimes against women and children have been made cognizable and non-bailable. This means that in such crimes, the police can arrest the accused even without a warrant and it will be difficult for him to get bail.
Not only this, this bill has provision for death penalty for all sexual crimes. Whereas, the Indian Judicial Code does not have provision for death penalty for all crimes related to rape.
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.
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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What is the punishment for raping a minor?
Sections 65(1), 65(2) and 70(2) of the Indian Criminal Code provide punishment for the offences of rape and gangrape of a minor.
Section 65(1) provides for punishment for raping a girl under 16 years of age. If found guilty in such a case, there is a provision of a minimum jail term of 20 years, which can be extended to life imprisonment. Whereas, under Section 65(2), if a person is found guilty of raping a girl under 12 years of age, then he will be imprisoned for a minimum of 20 years, which can be extended to life imprisonment. There is also a provision for death penalty in such a case.
Section 70(2) of the BNS lays down punishment for gang rape of a girl under the age of 18. If found guilty in such a case, the punishment is life imprisonment or death.
In the Bengal government’s bill, it has been proposed to remove these three sections. In their place, a provision of the same punishment has been made for all the offenders of rape.
What will change for sexual crimes against children?
Mamata government’s bill also proposes amendment in some sections of the POCSO Act of 2012. Under Section 4 of the POCSO Act, if a person commits a sexual crime with a child below 16 years of age, then he is given a jail sentence of 20 years and if he commits a sexual crime with a child between 16 and 18 years of age, then he is given a jail sentence of 10 years. In the Bengal government’s bill, there is a provision of life imprisonment for the culprits in both these cases.
Similarly, if a person commits penetrative sexual assault on a child below the age of 18 years, then if found guilty under section 6 of the POCSO Act, he is sentenced to 20 years in prison. Whereas, the Bengal government’s bill provides for life imprisonment and death penalty for such crime.
Apart from this, the Bengal government’s bill states that in case of sexual crimes against children, the police will have to present the evidence in the court within seven days, while the court will have to complete the trial within a year.
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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 presented in the assembly by the Mamata government. If this bill is passed by the assembly, then 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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