Today, On 3rd September, The Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) 2024 introduces harsher penalties, including the death penalty for those convicted of rape and murder. This legislation differs from the POCSO Act, which focuses on protecting children from sexual offenses but does not mandate the death penalty. The Aparajita Bill expands the scope of punishment and emphasizes stricter consequences for heinous crimes.
Kolkata: The West Bengal Assembly passed the ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) 2024′ on Tuesday, which introduces the death penalty for those convicted of rape and murder.
The bill seeks to amend relevant provisions in the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offenses Act 2012 (POCSO), and it applies to survivors and victims of all ages.
Bengal’s anti-rape bill increases the minimum punishment for sexual assault from three years to seven years. Under the new Act, the punishment for sexual assault is no less than seven years and may extend to 10 years, along with a fine.
In contrast, Section 8 of the POCSO Act states,
“Whoever commits sexual assault shall be punished with imprisonment of either description for a term which shall not be less than three years but may extend to five years, and shall also be liable to fine.”
The Bengal anti-rape bill also mandates that evidence from a child be recorded within seven days, compared to 30 days under the POCSO Act.
The Act stipulates that a child’s testimony must be recorded within 30 days of the special court taking cognizance of the offense, with any delays requiring the court to provide reasons.
Trial Timelines
- Bengal Anti-Rape Bill: The special court must complete the trial within 30 days.
- POCSO: The special court should aim to conclude the trial within one year from the date of taking cognizance of the offense.
Enhanced Punishment for Aggravated Sexual Assault
- Bengal Anti-Rape Bill: The minimum punishment is increased from five years to seven years.
- POCSO: Section 10 states that “Whoever commits aggravated sexual assault shall be punished with imprisonment for a term not less than five years but may extend to seven years, and shall also be liable to fine.”
Punishment for Aggravated Penetrative Sexual Assault
- Bengal Anti-Rape Bill: The bill prescribes rigorous imprisonment for life, meaning for the remainder of the person’s natural life, along with a fine or the death penalty.
- POCSO: It mandates rigorous imprisonment for not less than 20 years, which may extend to life imprisonment, meaning for the remainder of the person’s natural life, along with a fine or the death penalty.
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Fines and Compensation
- Bengal Anti-Rape Bill: Specifies that fines include compensation for the victim or their next of kin, as determined by the special court.
- POCSO: The fine should be fair and reasonable, covering the victim’s medical expenses and rehabilitation.
Punishment for Penetrative Sexual Assault on Children Below 16 Years
- Bengal Anti-Rape Bill: This offense is punishable by rigorous imprisonment for life, meaning for the remainder of the person’s natural life, along with a fine or the death penalty.
- POCSO: Punishment includes imprisonment for a term not less than 20 years, which may extend to life imprisonment, meaning for the remainder of the person’s natural life, along with a fine.