Mamata Govt Proposes Death Penalty for Rape Convicts in Draft Bill

The Mamata Banerjee government is preparing to introduce a new anti-rape bill in the West Bengal Assembly on Tuesday. The draft bill proposes the death penalty for individuals convicted of rape if their actions result in the victim’s death or a vegetative state.

Additionally, the draft bill suggests that individuals convicted of rape or gang-rape should receive a life sentence for the remainder of their lives, as reported by PTI. Titled the ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024,’ this proposed legislation is designed to enhance the protection of women and children by amending existing laws and introducing new provisions regarding rape and sexual offenses.

The draft bill aims to amend the Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences Act 2012 in their application to West Bengal. These amendments are intended to increase penalties and establish a framework for quicker investigation and trial of severe crimes against women and children.

The bill’s statement of purpose emphasizes its goal “to create a safer environment for women and children” within the state. It reflects the State’s steadfast commitment to uphold the fundamental rights of its citizens, particularly women and children, and to ensure that severe acts of rape and sexual offenses against children are addressed with the full force of the law.

In response to the recent rape and murder of a female medic at the state-run RG Kar Medical College and Hospital, a two-day special session of the assembly has been convened. State Law Minister Moloy Ghatak is scheduled to present the bill.

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The draft bill proposes amendments to sections 64, 66, 70(1), 71, 72(1), 73, 124(1), and 124(2) of the Bharatiya Nyay Sanhita 2023. These sections pertain to punishments for rape, rape and murder, gang-rape, repeat offenders, disclosure of victim identity, and causing harm through the use of acid, among other issues.

Significant changes to the investigation and prosecution process are also included in the draft bill. It mandates that investigations into rape cases be completed within 21 days of the initial report, reducing the previous two-month deadline. The legislation allows for an extension of up to 15 additional days on the three-week deadline, provided that any police officer of at least the rank of Superintendent of Police (SP) or equivalent documents the reasons for the extension in the case diary as required under Section 192 of the Bharatiya Nyay Sanhita 2023.

The draft bill stipulates that repeat offenders would face “imprisonment for life, which means imprisonment for the remainder of their natural life, or death and a fine.” It also proposes penalties for the unauthorized printing or publishing of any material related to court proceedings, with a punishment of “3 to 5 years imprisonment and a fine.”