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

The draft of the anti-rape bill, which the Mamata Banerjee government is set to present in the West Bengal Assembly on Tuesday, proposes capital punishment for those convicted of rape if their actions lead to the victim’s death or result in a vegetative state.

The draft also proposes that people convicted of rape or gang-rape will face a life sentence for the rest of their lives, PTI reported.

Called the ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024,’ the new law aims to better protect women and children by amending current laws and adding new rules about rape and sexual offenses.

The bill also proposes to amend the Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences Act 2012 as they apply to West Bengal.

The amendments aim to increase penalties and create a framework for faster investigation and trial of severe crimes against women and children.

In its statement of purpose, the draft bill aims “to create a safer environment for women and children” in the state.

“It is a testament to the State’s unwavering commitment to uphold the fundamental rights of its citizens, particularly women and children, and to ensure that heinous acts of rape and sexual offences against children are met with the full force of the law”, reads the draft.

A two-day special session of the assembly has been called in response to the rape and murder of a woman medic at the state-run RG Kar Medical College and Hospital last month. The bill is set to be tabled by state law minister Moloy Ghatak.

The draft 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.

The draft bill also plans to introduce major changes to the investigation and prosecution process. It requires that investigations into rape cases be completed within 21 days of the initial report, down from the previous two-month deadline.

The legislation will also allow for an extension of up to 15 days on the three-week investigation deadline. This extension can be granted by any police officer of at least the rank of Superintendent of Police (SP) or equivalent, provided they record the reasons in writing in the case diary maintained under Section 192 of BNSS, 2023.

According to the draft, repeat offenders would face “imprisonment for life, which means imprisonment for the remainder of their natural life, or death and a fine.”

The proposed legislation also aims to penalise the printing or publishing of any matter related to court proceedings without permission, with a punishment of “3 to 5 years imprisonment and a fine.”