Kolkata rape-murder case: Mamata Banerjee govt proposes death penalty for rape convicts in new draft bill

Aparajita Woman and Child Bill will amend several significant legal frameworks, including the Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences Act 2012, specifically within West Bengal.

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Edited By: Satyam Singh
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It will amend existing laws to bolster protections for women and children. (ANI)

New Delhi: The West Bengal government, led by Chief Minister Mamata Banerjee, has proposed a sweeping overhaul of the state’s criminal laws with a draft bill introducing the death penalty for certain rape convicts. The bill, set to be presented in the West Bengal Assembly on Tuesday, suggests capital punishment for individuals convicted of rape if their actions result in the victim's death or a permanent vegetative state. Additionally, it proposes life imprisonment without the possibility of parole for those convicted of rape or gang rape.

Aparajita woman and child bill

Named the ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024,’ the draft legislation seeks to amend existing laws to bolster protections for women and children. It will amend several significant legal frameworks, including the Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences Act 2012, specifically within West Bengal.

The bill aims to increase penalties for severe crimes and establish a faster investigation and trial process. It seeks to ensure a safer environment by making sure heinous acts of rape and sexual offenses are met with stringent legal consequences.

Revised investigation timelines

The draft bill outlines major changes to the investigation and prosecution processes. Investigations into rape cases must now be completed within 21 days of the initial report, a significant reduction from the previous two-month period. An extension of up to 15 days can be granted by police officers of the rank of Superintendent of Police or higher, provided they document their reasons for the extension.

For repeat offenders, the proposed legislation mandates life imprisonment or the death penalty, along with fines. It also includes provisions to penalize unauthorized disclosure of court proceedings, imposing 3 to 5 years of imprisonment and fines.

Context and rationale

The proposed legislation comes in response to the recent rape and murder of a woman medic at the RG Kar Medical College and Hospital. State Law Minister Moloy Ghatak will table the bill during a special two-day assembly session.