On Tuesday, the West Bengal Legislative Assembly unanimously approved the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, commonly known as the Anti-Rape Bill.

The Bill mandates harsher penalties for those convicted of rape, including a mandatory death penalty if the victim dies or is left in a vegetative state. It was introduced following the tragic rape and murder of a resident doctor at RG Kar Medical College and Hospital in Kolkata on August 9.

According to a PTI report, the Bill was presented by the Trinamool Congress (TMC) government and received unanimous approval, with support from the Bharatiya Janata Party (BJP)-led opposition. The newly enacted anti-rape Bill aims to increase the severity of punishments for rape and ensure prompt investigation and trial of severe crimes against women and children.

To achieve this, the Bill seeks to amend provisions of the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Protection of Children from Sexual Offences Act (POCSO Act), as they pertain to West Bengal.

The proposed amendments in the Bill include the following:

Enhanced Punishments

1. Rape (Section 64, BNS): The Bill proposes increasing the punishment to life imprisonment for the remainder of the convict's natural life or death, along with a fine. Currently, the unamended BNS prescribes rigorous imprisonment of at least 10 years, which may extend to life imprisonment in certain cases.

2. Rape Resulting in Vegetative State or Death (Section 66 BNS): The Bill seeks to make the death penalty mandatory in such cases, along with a fine. Under the unamended BNS, the punishment is rigorous imprisonment for at least 20 years, extending to life imprisonment or death.

3. Gang Rape (Section 70(1) BNS): The Bill prescribes life imprisonment for the remainder of the convict's life or the death penalty, along with a fine. The unamended BNS prescribes imprisonment for at least 20 years, which may extend to life imprisonment.

4. Disclosing a Rape Victim’s Identity (Section 72 BNS): The proposed punishment is imprisonment for 3-5 years and a fine. The unamended BNS provides for a penalty of up to 2 years of imprisonment and a fine.

Shorter Deadlines for Investigation and Trial

1. Investigation Timeline (Section 193 BNSS): The Bill proposes that investigations in rape cases be completed within 21 days, reduced from the current two-month period, with a possible extension of up to 15 days for documented reasons.

2. Trial Timeline (Section 346(1) BNSS): The Bill aims to complete inquiries or trials within 30 days from the date of filing the chargesheet.

Special Courts and Task Force

1. Special Courts (Section 29A BNSS): The Bill proposes establishing special courts to expedite inquiries and trials in rape and related cases.

2. Special Public Prosecutor (Section 29B BNSS): Rape trials would be conducted by a Special Public Prosecutor appointed by government notification, requiring at least seven years of practice.

3. Aparajita Task Force (Section 29C BNSS): A new district-level task force, led by the Deputy Superintendent of Police, will handle rape cases. Investigations are to be conducted by female officers whenever possible. Failure to assist this task force could result in up to six months of imprisonment or a fine of up to ₹5,000.