The West Bengal government on Tuesday passed the ‘Aparajita Women and Child Bill (West Bengal Criminal Law Amendment) 2024’ in the Assembly. This bill provides for death penalty for those convicted of rape and murder. This bill seeks amendment in the Indian Justice Code 2023, Indian Civil Protection Code 2023 and POCSO. In such a situation, it is important to know what is the difference between this new law of West Bengal and POCSO…
1. Increase in punishment for sexual abuse
West Bengal law: Under the new law, the minimum punishment for sexual abuse has been increased from 3 years to 7 years. The punishment can be from 7 years to 10 years and can also be accompanied by a fine.
Whereas under Section 8 of the POCSO Act, the person committing sexual assault shall be punished with imprisonment of at least 3 years which may extend to 5 years, and shall also be liable to fine.
2. Recording of children’s evidence
WB law: As per the new bill, child’s evidence will be recorded within 7 days, while in POCSO the time limit is 30 days.
Under POCSO, the child’s evidence must be recorded by the special court within 30 days of receiving information about the crime. If there is any delay, the court must record the reasons for it.
3. Trial procedure
Under the new law of West Bengal, the special court will have to conclude the trial within 30 days.
POCSO: The special court should try to conclude the trial within one year from the date of receipt of information about the offence.
4. Increase in punishment for aggravated sexual abuse
WB law: Under the new law, the minimum punishment for aggravated sexual assault has been increased from 5 years to 7 years.
POCSO: According to Section 10 of POCSO, whoever commits aggravated sexual assault shall be punished with imprisonment of either description for a term which may extend to five years and a maximum term which may extend to seven years, and shall also be liable to fine.
5. Punishment for aggravated penetrative sexual abuse
WB law: As per the new bill, aggravated penetrative sexual assault will be punished with rigorous life imprisonment, which means rigorous imprisonment for the rest of the person’s life plus fine, or death sentence.
Under POCSO, the punishment for aggravated penetrative sexual assault is rigorous imprisonment for a term of 20 years to life, and can also be fined, or the death penalty.
6. Penalty
WB law: The new bill provides for fixing a fine to compensate the victim or their family members, which will be decided by the special court.
Under POCSO, the fine must be reasonable and adequate to cover the medical expenses and rehabilitation of the victim.
7. Punishment for penetrative sexual abuse on a child under 16 years of age
WB law: As per the new bill, penetrative sexual assault on a child below 16 years of age will be punishable with rigorous life imprisonment, which means rigorous imprisonment for the rest of the person’s life plus fine, or death sentence.
Under POCSO, penetrative sexual assault on a child under the age of 16 is punishable with imprisonment ranging from 20 years to life, and a fine.
Know the important points of the bill passed in West Bengal
According to this bill, the harshest punishment will be given in cases of harassment and rape of women. The provisions of the POCSO Act have been further tightened. If the victim dies or suffers severe brain damage as a result of the acts of the rapists, then a provision for death penalty has been made for the rapist. Under the bill, Aparajita Task Force will be formed, in which punishment will be given within 21 days of the preliminary report. The routes of movement of nurses and female doctors will be covered. For this, the state government has sanctioned Rs 120 crore. CCTV cameras will be installed everywhere. There is also a provision of ‘Ratri Sathi’, under which women will do 12 hours duty and doctors will extend their duty if needed. Women working at night will be given full security.
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