The CBI is investigating the rape and murder of a trainee doctor at RG Kar Hospital in Kolkata. Amidst this, the new anti-rape bill by Mamata's government got passed in the assembly. The bill proposes stricter laws related to rape.
Mamata's new bill amends provisions in the Indian Penal Code (IPC), Indian Civil Protection Code (ICPC), and the Protection of Children from Sexual Offences Act (POCSO).
Named the 'Aparajita Women and Child (West Bengal Criminal Law Amendment) Bill 2024,' if this bill becomes law, it will be implemented across Bengal. This amendment makes all sexual crimes against women and children cognizable and non-bailable, meaning the police can arrest the accused without a warrant, making bail difficult.
Moreover, the bill includes provisions for the death penalty for all sexual crimes. Unlike the Indian Penal Code, which does not prescribe the death penalty for all rape-related crimes.
What's Proposed in the Bill?
The new bill by Mamata's government proposes amendments to certain sections of the Indian Penal Code (IPC) that provide punishments for crimes against women. Sections 64, 66, 68, 70, 71, 72, 73, and 124 are proposed to be amended.
Additionally, amendments are proposed to sections 193 and 346 of the Indian Civil Protection Code (ICPC). The POCSO Act sections 4, 6, 8, 10, and 35 also have amendment proposals.
How Does Mamata's Bill Differ from IPC?
1. Punishment for Rape
- IPC:
Section 64 provides for a minimum punishment of 10 years, extendable to life imprisonment. Life imprisonment means the convict will remain in jail until death. It also includes fines.
- Bengal's Bill:
It proposes life imprisonment. Courts can sentence convicts to a lifetime in jail. There are provisions for the death penalty and fines as well.
2. Punishment for Rape and Murder
- IPC:
Section 66 mandates a minimum of 20 years for rape leading to death or coma, extendable to life imprisonment. There is a provision for the death penalty.
- Bengal's Bill:
It mandates the death penalty for such cases along with fines.
Read more: Despite Legal Changes, Issues Persist... 86 Rapes Daily, Know the Most 'Unsafe' States for Women
3. Punishment for Gang Rape
- IPC:
Section 70(1) states a minimum of 20 years for gang rape, extendable to life imprisonment. If the victim is under 18, life imprisonment is mandatory. There is also a provision for the death penalty.
- Bengal's Bill:
Proposes a minimum of life imprisonment for all convicts in gang rape cases. Life imprisonment means life-long jail time. There is also a provision for the death penalty and fines.
4. Punishment for Repeat Offenders
- IPC:
Section 71 mandates life imprisonment for repeat offenders, with death penalty provisions. Fines are also included.
- Bengal's Bill:
Repeat offenders will spend life in jail. There is also a provision for the death penalty and fines.
5. Punishment for Revealing Victim's Identity
- IPC:
Section 72(1) provides a 2-year jail term and fines for revealing the identity of rape victims.
- Bengal's Bill:
Proposes 3 to 5 years of imprisonment and fines for such cases.
6. Punishment for Publishing Court Proceedings
- IPC:
Section 73 states a 2-year jail term for publishing court proceedings without approval, with fines.
- Bengal's Bill:
Proposes 3 to 5 years of imprisonment and fines for such actions.
7. Punishment for Acid Attacks
- IPC:
Section 124(1) mandates a minimum of 10 years, extendable to life term for causing severe harm by an acid attack. Section 124(2) provides 5 to 7 years for lesser injuries. Both include fines.
- Bengal's Bill:
Proposes life imprisonment for both sections. Life imprisonment means lifetime jail time. Fines are also included.
Read more: Meet the Woman Fighting the Kolkata Scandal Case... Discover Why the Accused Still Gets a Lawyer Even After Confession
What Punishment for Rape of Minors?
Sections 65(1), 65(2), and 70(2) of the Indian Penal Code prescribe punishments for rape and gang rape of minors.
Section 65(1) mandates a minimum of 20 years for raping a girl under 16, extendable to life imprisonment. Section 65(2) states a minimum of 20 years for raping a child under 12, extendable to life imprisonment. There is also a provision for the death penalty.
Section 70(2) provides life imprisonment and the death penalty for gang raping a girl under 18.
Bengal's bill proposes to remove these sections and establish a uniform punishment for all offenders.
What Changes for Sexual Crimes Against Children?
Mamata's bill proposes amendments to the 2012 POCSO Act.
Section 4 mandates 20 years for sexual offenses against children under 16 and 10 years for crimes against 16 to 18-year-olds. Bengal's bill proposes life imprisonment for both.
Section 6 mandates 20 years for penetrative sexual assault on children under 18. Bengal's bill proposes life imprisonment and the death penalty for such offenses.
The bill also requires police to present evidence within seven days and the court to complete the trial within a year in sexual offense cases against children.
Read more: The term 'he' doesn't just mean men, understand how women can now be accused under the POCSO Act
Will Death Sentence be Passed in 10 Days?
Bengal's bill does not mention passing the death sentence within 10 days. However, it proposes amendments to speed up the investigation and trial process.
The bill mandates police to complete the investigation within 21 days after receiving initial information. Courts may grant an additional 15 days if reasons are provided in writing. The ICPC currently allows two months for investigation, extendable by 21 days.
The bill also mandates trials related to women and children to be completed within a month of filing the charge sheet, as opposed to two months in ICPC.
What's Next?
The bill has been passed by Mamata's government in the assembly. It will be sent to the Governor, and after his approval, to the President. The bill will become law after the President's approval.
