In the wake of Rape & Murder of 31 Postgraduate doctor at Kolkata’s RG Kar medical college & hospital, the West Bengal government, led by Chief Minister Mamata Banerjee set to introduce a new anti-rape bill in the state assembly on Tuesday.
This proposed law “Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024 aims to impose the death penalty for those convicted of rape if the crime results in the victim’s death or permanent unconsciousness.
Additionally, the bill seeks to enforce life imprisonment without parole for such offenders. As per key provisions of aforementioned bill, it includes sections related to punishments for rape and rape resulting in murder, gang-rape, repeat offenders, and disclosure of victim identity.
It also proposes the removal of certain sections concerning punishments for perpetrators based on the victim’s age.
Further, regarding the investigation, the bill reduces the deadline to three weeks from the previous two months, with an allowance for an additional 15 days if granted by a police officer of the rank of SP or higher.
Repeat offenders could face life imprisonment or death, along with a fine. Notably, it also proposes amendments to existing criminal laws, including the Bharatiya Nyay Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and the Protection of Children from Sexual Offences (POCSO) Act 2012, specifically in relation to West Bengal’s application of these laws.
This draft bill also aims to amend several sections of the Bharatiya Nyay Sanhita (BNS) 2023, specifically Sections 64, 66, 70(1), 71, 72(1), 73, 124(1), and 124(2).
These amendments address punishments for various offenses including rape, rape resulting in murder, gang-rape, repeat offenders, disclosure of victim identity, and the use of acid to cause harm.
Additionally, the bill seeks to remove Sections 65(1), 65(2), and 70(2), which pertain to the penalties for rape convictions involving perpetrators under 16 years, 12 years, and 18 years of age, respectively.
The bill will be presented by State Law Minister Moloy Ghatak during a two-day assembly session starting Monday.
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