The Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences Act 2012 as they pertain to West Bengal are also proposed to be amended by the bill.
The Mamata Banerjee government is scheduled to introduce the anti-rape bill in the West Bengal Assembly on Tuesday. Its draft suggests that anyone found guilty of rape should be executed if their actions cause the victim to pass away or go into a vegetative state.
According to PTI, the draft also suggests that those found guilty of rape or gang rape would receive life sentences.
The 'Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024' is a new law that amends existing laws and adds new rules regarding sexual offences and rape in an effort to better protect women and children.
The Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences Act 2012 as they pertain to West Bengal are also proposed to be amended by the bill.
Increased penalties and a framework for swifter investigation and trial of serious crimes against women and children are the goals of the amendments.
The draft bill states that one of its goals is to "create a safer environment for women and children" in the state. The draft adds, "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."
In response to the rape and killing of a female medic at the government-run RG Kar Medical College and Hospital last month, the assembly has called a two-day special session. State Law Minister Moloy Ghatak is scheduled to introduce the bill.
The draft bill aims to amend BNS, 2023 sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124 (2). These sections deal with punishment for rape, rape and murder, gang-rape, repeat offenders, victim identity disclosure, and even using acid to cause harm, among other things.
The investigation and prosecution processes will also undergo significant modifications according to the draft bill. The previous two-month period has been replaced with a 21-day deadline for the completion of investigations into rape cases.
The three-week investigation deadline may also be extended by up to 15 days under the legislation. Any police officer with the minimum rank of Superintendent of Police (SP) or higher may grant this extension, so long as they document their justifications in writing in the case journal they keep in accordance with Section 192 of the BNSS, 2023.
The investigation and prosecution processes will also undergo significant modifications according to the draft bill. The previous two-month period has been replaced with a 21-day deadline for the completion of investigations into rape cases.
The three-week investigation deadline may also be extended by up to 15 days under the legislation. Any police officer with the minimum rank of Superintendent of Police (SP) or higher may grant this extension, so long as they document their justifications in writing in the case journal they keep in accordance with Section 192 of the BNSS, 2023.
According to the draft, repeat offenders would face “imprisonment for life, which means imprisonment for the remainder of their natural life, or death and a fine.”
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