Aparajita Bill to enforce ‘stricter punishments than BNS’

Kolkata: ‘The Aparajita Woman and Child (West Bengal Criminal Laws and Amendment) Bill, 2024,’ which was passed in the Assembly unanimously aims to ensure quick investigation, fast justice delivery and enhanced punishment for the guilty. The state government is amending certain provisions by revising and introducing new provisions in the central legislation with respect to rape and

sexual offences.

In case of rape of a woman under sixteen years of age, the ‘Aparajita Bill’ proposes that the offender will be entitled to rigorous imprisonment of not less than 20 years which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and fine. The Bharatiya Nyaya Sanhita (BNS) in this case entitles a punishment of 20 years of

rigorous imprisonment.

Persons committing the same crime on a woman under twelve years of age will be served rigorous punishment of not less than 20 years which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life imprisonment and with fine or with death. The Bill provides for capital punishment within 10 days to persons convicted of rape if their actions result in the victim’s death or cause her to become vegetative. It also stipulates a life sentence without parole for those convicted of rape and gang rape. The Bill seeks to amend sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124 (2) of BNS, 2023, which broadly pertains to punishment for rape, rape and murder, gang-rape, repeat offenders, disclosure of victim identity and even causing hurt by use of acid, etc.

It also proposes omission of sections 65(1), 65 (2) and 70 (2) of the said Act pertaining to punishments for convictions of rape perpetrators under 16 years, 12 years and 18

years, respectively.

According to the Bill, the initial investigation report has to be completed within 21 days. This duration can be extended for a maximum period of 15 days. All this means that overall, the police have to complete the investigation with a period of maximum 36 days.

‘Aparajita fast track force’ will be constituted in every district. In case of acid attack, BNS allows imprisonment for not less than 10 years but which may extend to imprisonment for life and fine to be paid to the victim whereas the new ‘Aparajita bill’ has proposed for life which shall mean rigorous imprisonment for the reminder of that person’s natural life and with fine.