Lucknow Press
West Bengal Aprajita Bill: The West Bengal Assembly unanimously passed the state’s anti-rape Aparajita Bill on Tuesday with the full support of the opposition. The House did not accept the amendments proposed in the bill by Leader of Opposition Shubhendu Adhikari. The draft bill proposes a provision for death penalty for such culprits in case the rape victim dies or goes into a state of permanent unconsciousness.
What is special in Aparajita Bill
Apart from this, the draft proposes that persons convicted of rape and gang rape should be sentenced to life imprisonment, and they should not be given the facility of parole. This proposed law named Aparajita Bill 2024 aims to strengthen the protection of women and children through new provisions related to rape and sexual crimes.
This bill seeks amendment in the relevant provisions under the Indian Justice Code 2023, Indian Civil Protection Code 2023 and Protection of Children from Sexual Offences Act 2012 (POCSO). Also, it will be applicable to children/victims of all ages.
Let us tell you what is the difference between Bengal’s Anti-Rape Bill and the POCSO Act.
Bengal Anti-Rape Bill: In this proposed law, the minimum punishment has been increased from 3 years to 7 years. In the new law, the punishment for sexual harassment will be at least seven years, which can be extended to 10 years, that too with a fine.
POCSO: While Section 8 of the POCSO Act states that whoever commits sexual assault shall be punished with imprisonment of not less than three years, which may extend to five years, and also with fine.
Recording of child’s statement
Bengal Anti-Rape Bill: The new bill states that the child’s statement should be recorded within 7 days.
POSCO: According to this, the statement of the child must be recorded within 30 days of the special court taking cognizance.
During the trial
Bengal Anti-Rape Bill: Special court will have to complete the trial within 30 days.
POCSO: The Special Court should complete the trial, as far as possible, within one year from the date of taking cognizance of the offence.
Increase in punishment in serious cases
Bengal Anti-Rape Bill: In this new bill, the minimum punishment has been increased from 5 years to 7 years.
POCSO: Its section 10 states that whoever is involved in aggravated sexual assault will be punished with imprisonment of not less than 5 years and which may extend to 7 years. Along with this, a fine will also be imposed.
Aggravated sexual assault conviction
Bengal Anti-Rape Bill: The bill provides for rigorous imprisonment for life, which means the accused will have to spend the rest of his life behind bars. He can also be fined and awarded the death penalty.
POCSO: It provides for a minimum punishment of 20 years of rigorous imprisonment, which can be extended to life imprisonment. That is, the person will have to spend the rest of his life behind bars. He can be fined and can also be given death sentence.
