State-wise changes in rape law: Similarities & differences between Bengal, Andhra, and Maharashtra Bills

The West Bengal Assembly on September 3 unanimously passed the state anti-rape Bill that seeks capital punishment for rape convicts if their actions result in the victim's death or leave her in a vegetative state and life sentence without parole for other perpetrators.

The proposed law, which requires assent from the Bengal Governor and then the President, when enacted, would mark a significant development in the state's legal framework against sexual crimes.

Before Bengal's Aparajita Bill, Andhra Pradesh, and Maharashtra had passed similar bills for women's safety that prescribed death penalties for rapists. Here are the key features, similarities, and differences in the three state bills.

Bengal's 'Aparajita' anti-rape Bill

The Bill, passed on September 3, proposed to amend the newly passed Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 laws, and the POCSO Act 2012 "in their application to the state of West Bengal to enhance punishment and to constitute the framework for... expeditious investigation and trial of the heinous act of violence against women and children."

According to the Bill, any fine imposed shall be "fair and reasonable" to meet the medical expenses and rehabilitation of the victim or their next of kin, if applicable, as may be determined by the Special Court and should be paid within the period fixed by it.

While Section 64 of BNS has the provision to punish a rape convict with rigorous imprisonment for not less than 10 years or a life term, the Aparajita Bill seeks not only to enhance the jail term to the “remainder” of the convict’s natural life but also introduces the provision of death penalty.

The new Bill passed by the West Bengal Legislative Assembly also provides for only capital punishment for the convict if the rape leads to the death of the victim or causes her to be in a vegetative state, amending Section 66 of BNS, which lays down 20 years jail term or life imprisonment or death for the perpetrator in such a scenario.

The Aparajita Bill also amends Section 70 of BNS, doing away with the option of a 20-year jail term for gangrape convicts and providing only life imprisonment and death in such cases.

The Bill passed by the West Bengal assembly requires rape case investigations to be completed within 21 days of the report of the crime, with a possible extension of up to 15 days in some cases.

It has provisions for setting up task forces to investigate cases of sexual assault and special courts to hear such cases.

Andhra Pradesh's Disha Bill

- The Andhra Pradesh Legislative Assembly in December 2019 passed a Bill to further amend the Indian Penal Code and the Code of Criminal Procedure that would enable expeditious investigation and trial of offences against women and children, especially sexual offences, and award of death penalty.

- The proposed new law was named the 'Andhra Pradesh Disha Act Criminal Law (AP Amendment) Act, 2019, as a tribute to the veterinary doctor raped and murdered in neighbouring Telangana.

- The new law mandated the completion of investigation into cases of sexual offences within seven working days from the time of record and the trial within 14 working days from the date of filing the charge sheet. Any appeal against the sentence passed under the new law has to be disposed off within six months.

- Three new sections 354E, 354F and 354G were added to the IPC that define harassment of women, sexual assault on children and aggravated sexual assault on children respectively.

- The sections 376 (rape), 376D (intercourse by any member of the management or staff of a hospital with any woman in that hospital) and 376DA (gang rape on woman under 16 years) would be amended to include the death penalty for offences listed under sections dealing with assault, sexual harassment and rape such as 354F, 354G, 376, 376A, 376AB, 376D, 376DA, 376DB or 376E of the IPC.

- The Assembly also passed another Bill that provides for constitution of exclusive special courts for speedy trial of specified offences against women and children.

- The proposed new legislation will enable setting up of one or more exclusive special courts in each district for expeditious trial of specified offences against women and children.

- It will also empower the state government to constitute a special police team, headed by a deputy superintendent of police-ranked official, to investigate the specified offences.

Meanwhile, NCP (SP) president Sharad Pawar this week made a pitch for replicating in Maharashtra the bill passed by West Bengal assembly that seeks capital punishment for rape convicts.

"Maharashtra should consider replicating the bill passed by the West Bengal assembly. My party supports such a bill...There will be no legislature session in Maharashtra now since assembly polls will be held soon. We will highlight this point in our election campaign and mention it in the poll manifesto as well," Pawar said.

Former state home minister and NCP (SP) leader Anil Deshmukh has been demanding the implementation of the Shakti Criminal Laws (Maharashtra Amendment) Bill, 2020, passed in the legislature during the Maha Vikas Aghadi (MVA) rule, which is now pending for the President's assent.

Maharashtra's Shakti Criminal Laws

- The Maharashtra Legislative Assembly in December 2021 unanimously passed the Shakti Criminal Laws (Maharashtra Amendment) Bill that provides for stricter punishment including death penalty for crimes against women and children.

- The bill, modelled on the Disha Act of Andhra Pradesh, was first tabled in the Maharashtra legislature in the 2020 winter session, but the government then referred it to a joint committee for scrutiny.

- The bill provides for capital punishment for certain crimes against women and children and prescribes a period of 30 days to complete probe once a complaint is lodged.

- It puts the onus on social media platforms and Internet service providers to provide data, if needed, for investigation's purposes.

- Home Minister Dilip Walse-Patil said the bill also provides for punishment of one to three years in prison and a fine of Rs 1 lakh for lodging a false complaint of sexual assault.

(With PTI, DHNS inputs)