West Bengal Anti-Rape Bill: Death penalty, swift justice, and more — a deep dive into 6 key provisions

The West Bengal Legislative Assembly on September 3 unanimously passed the anti-rape Bill moved by the Mamata Banerjee-led government.

Titled the ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024’, the proposed legislation was introduced in the House by TMC leader and state Law Minister Moloy Ghatak during a special session of the state Assembly.

The Mamata Banerjee-led government had called the special session to pass the Bill that seeks capital punishment for persons convicted of rape if their actions result in the victim's death or leave her in a vegetative state.

The Bill came in the wake of the rape and murder of a post-graduate trainee doctor at the state-run RG Kar Medical College and Hospital in Kolkata.

“It is a testament to the state's unwavering commitment to uphold the fundamental rights of its citizens, particularly women and children, and to ensure that heinous acts of rape and sexual offences against children are met with the full force of the law,” reads the Bill.

Here are some of the provisions of the Bill:

1- Capital Punishment: In principle, the Bill proposes "to create a safer environment for women and children" in the state. This will be done by enhancing the prevalent penalties for rape as laid down in already existing laws to ensure that the punishment is made more stringent, according to legal news website Live Law.

One of the significant provisions of the Bill is the introduction of capital punishment for individuals convicted of rape in cases where the victim dies or the crime causes the victim to enter a vegetative state.

2- Amending BNS, 2023: The Bill proposes to amend provisions of the newly passed Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012 in their application to the state of West Bengal to ‘enhance punishment and to constitute the framework for an expeditious investigation and trial of the heinous act of violence against women and children,’ according to a report in Indian Express.

The Bill has proposed changes to sections 64, 66, 70(1), 71, 72(1), 73, 124(1), and 124(2) that deal with punishments for rape, rape combined with murder, gang rape, offences committed by repeat offenders, the disclosure of a victim's identity, and crimes involving the use of acid.

The Bill has also proposed omitting certain sections (65(1), 65(2), and 70(2)) that relate to the punishment of perpetrators of varying ages. This is being done to streamline the legal process and focus on the gravity of the crime, rather than the age of the offender.

3 - Life Term: The Bill proposes that those convicted of rape and gang rape will be sentenced to life imprisonment, defined as imprisonment for the remainder of the life of the person found guilty of the offence. For repeat offenders, the Bill proposes life imprisonment or death sentence, in serious cases, along with a fine.

4 - Swift Investigation: The Bill has proposed that the investigation into the rape cases must be completed within 21 days of the initial report. The present law stipulates a two-month deadline for probe completion.

“If it is not possible to complete the investigation within the period of 21 days from the date of information recorded by the officer-in-charge of the police station, then the said period can be further extended not exceeding 15 days by any police officer not below the rank of superintendent of police or equivalent, after recording the reasons in writing in the case diary maintained under Section 192 of the Bharatiya Nagarik Suraksha Sanhita, 2023,” reads the Bill, according to a report in Indian Express.

5 - Fast-track courts: The Bill has proposed the establishment of dedicated special courts and investigation teams. These special units will be equipped with the necessary resources and expertise to handle cases of rape and sexual offences against children effectively and timely, thereby minimising the trauma experienced by victims and their families, reads the Bill.

6 - Special Task Force: The Bill also proposes the establishment of a district-level ‘Aparajita Task Force’ to investigate cases of rape or atrocities on women and children. The task force will be headed by a deputy superintendent of police.