Kolkata: The West Bengal Legislative Assembly on Tuesday passed the Aparajita Woman and Child Criminal Amendment law 2024, making rape an offence punishable with death in the state of West Bengal.
This law brings changes in the Bharatiya Nyay Samita (BNS), Bharatiya Nagrik Surakasha Sanhita (BNSS) and protection of Children from sexual offences (POCSO) with respect to its implementation in the state of West Bengal.
The law has been passed by the West Bengal law makers in the backdrop of the Kolkata doctor rape and murder case which continues to shock the nation and raises questions on the safety and security of women in the state of West Bengal.
Key points of the new law:
Makes the offence of rape punishable with death penalty
Makes disclosure of identity of rape victim a punishable offence with 3 to 5 years in jail and fine
Establishes special courts in the state to deal with offences against women and children.
Says probe into rape cases must be completed by police within 21 days
Trial to be complete within 30 days from filing of the charge sheet
Law aims to create a safer environment for women and children by amending and proposing new provisions
In the statement of object and reasons for bringing changes in BNS, BNSS and POCSO laws, the state has said the law aims to create a safer environment for women and children by amending and proposing new provisions related to the offence of rape and sexual offences against children.
“The state of West Bengal perceives the egregious act of rape of women and sexual offences against children, regardless of their age, as the utmost violation of their dignity….the state of west Bengal firmly believes that by maximising the punishment of the act of rape, this bill shall deter such deplorable acts and ensures that perpetrators face exemplary and severe consequences for their crimes,” the law reads.
This new provision that West Bengal Assembly has passed is more stringent than punishment for rape under BNS
As per the new law passed by the West Bengal Legislative Assembly, the offence of rape will be punishable with rigorous imprisonment for life, which shall mean rigorous imprisonment for remainder of the person’s natural life and fine or with death.
This new proviso that the West Bengal Assembly has passed is more stringent than the punishment for rape under the Bharatiya Nyay Samhita (BNS) that has replaced the Indian Penal Code.
According to section 64 of BNS, which deals with punishment for offence of rape, the punishment is 10 years imprisonment and fine. Section 64 BNS says, “Whoever, commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.”
What another change that the Aparajita law introduces?
Another change that the Aparajita law introduces is in the offence of rape by a police officer, public servant, or a member of armed forces or a person being on the management or on the staff of jail, remand home etc, where again the offence of rape is punishable with either imprisonment for the remainder of a person’s life or death.
Disclosure of identity of victim of certain offences will be punishable with a jail term of 3 to 5 years and fine.
This change again is more stricter than the existing provision of section 72 under BNS, which makes disclosure of identity of victim of offence of rape, punishable with a jail term of up-to 2 years and fine.
In the Kolkata doctor rape and murder case, just a day after the incident, images and videos of the rape victim were plastered by people all over the social media platforms. Even the Supreme court of India had expressed its unhappiness over the disclosure of the identity of the victim.
