West Bengal’s New Law for Death Penalty in Rape Cases

In response to the tragic rape-murder of a woman medic at RG Kar Medical College and Hospital, the West Bengal Assembly has passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024. This bill aims to enhance legal measures for protecting women and children by proposing significant amendments to existing criminal laws.

What is the Aparajita Bill?

• The Aparajita Bill seeks to amend the Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences Act 2012, specifically for West Bengal.
• Amendments to Bharatiya Nyaya Sanhita, 2023 (BNS):
• Section 64 - Penalties for Rape:
  • Current Provision: Under BNS, a rape convict faces rigorous imprisonment for not less than 10 years, which may extend to a life term.
  • Aparajita Bill Amendment: The bill enhances the penalty to a life sentence for the remainder of the convict’s natural life or death. It also mandates a fine that is fair and reasonable to cover the victim’s medical expenses and rehabilitation costs.
• Section 66 - Penalties for Rape Resulting in Death or Vegetative State:
  • Current Provision: BNS stipulates a jail term of up to 20 years, life imprisonment, or death if rape leads to the victim’s death or a vegetative state.
  • Aparajita Bill Amendment: The bill proposes the death penalty as the sole punishment for such cases, eliminating the options of imprisonment or life term.
• Section 70 - Penalties for Gang Rape:
  • Current Provision: BNS allows for a 20-year jail term, life imprisonment, or death for gang rape.
  • Aparajita Bill Amendment: The bill removes the 20-year imprisonment option, mandating life imprisonment or death for those convicted of gang rape.
• Amendments to the Protection of Children from Sexual Offences (POCSO) Act: The Bill introduces tougher penalties for child abuse cases, aligning with its broader objective of strengthening protections for children.
• Key Provisions:
  • Capital Punishment: The bill proposes the death penalty for individuals convicted of rape if their actions result in the victim’s death or a vegetative state. For gang rape and rape, it mandates a life sentence lasting for the convict's natural life.
  • Medical Expenses: The bill stipulates that the special rape court will determine the victim’s medical expenses, which will be borne by the convict or their family. Failure to pay can result in recovery through legal means.
  • Time-bound Investigations: The bill mandates that investigations into rape cases must be completed within 21 days from the initial report, a reduction from the previous two-month deadline.
  • Penalties for Repeat Offenders: Repeat offenders would receive a life sentence, meaning they would be imprisoned for the remainder of their natural life.
  • Publication Restrictions: The bill penalizes the unauthorized printing or publishing of matters related to court proceedings with imprisonment of three to five years and a fine.
• Justice Verma Committee strongly opposed the capital punishment. 

Can states make amendments to national laws?

• Article 254(2) of the Constitution allows state legislatures to enact laws that contradict central laws on matters in the concurrent list, provided these laws receive Presidential Assent.
  • The President is not obligated to grant assent, and there is no stipulated time frame for this process.
• West Bengal is not the first state to propose amendments to central laws. Andhra Pradesh's Disha Bill (2019) and Maharashtra’s Shakti Criminal Laws Bill (2020) also sought to impose the death penalty for rape but are yet to receive presidential assent.