West Bengal’s New Law on Rape

TW: This contains mentions of rape and sexual violence

In the wake of the state-wide protests over the brutal rape and murder of a doctor in Kolkata’s RG Medical College, the West Bengal state assembly has passed a new law. This law prescribes more stringent punishments for the offence of rape to be applicable in the state of West Bengal,  as compares to the national criminal law. Titled Aparajita Woman and Child Act (2024) (Act), this law currently awaits the assent of the Governor and the President. 

In this Weekly, we discuss some of the key features of the Act.

What is the scope of the Act?

This Act introduces certain amendments to the Bharatiya Nyaaya Samhita (BNS), 2023, the Bharatiya Nagarik Suraksha Samhita (BNSS), 2023 and the Protection of Children From Sexual Offences (POCSO) Act, 2012. These changes are intended to impose harsher punishment for violence against women and children. The Act extends to the state of West Bengal. It will come into force once the Governor of West Bengal followed by the President of India give assent. 

Remember that this Act is in addition to existing laws that govern the offences of violence against women and children. So, for such crimes in West Bengal, the provisions of this Act will apply alongside any other relevant laws.

What are the major changes introduced in the Act?

The Act amends Sections 64-71 of the BNS and Sections 4 – 6 of the POCSO Act to introduce ‘rigorous life imprisonment’ as the minimum punishment for the offence of rape. ‘Rigorous life imprisonment’ means jail time for the rest of the convict’s life, along with hard labour. . 

The BNS prescribes death penalty only in the case of: 

• rape of a minor under the age of 12 years; 
• or where the offence leads to the survivor’s death or leaves her in a vegetative state; 
• or in case of gang rape. 

The Act lays down death penalty as a possible punishment for any offence of rape against women and children. It also states that the amount of fine that a convicted perpetrator can be made to pay must correspond to the amount required to cover the medical expenses and rehabilitation cost of the survivor and in case of death, the amount will be rewarded to her next of kin. 

The Act further amends Sections 72 and 73 of the BNS by increasing the punishment for the offence of revealing the identity of a survivor of rape or any information about the court proceedings in rape cases from two years of jail time to three years. 

The Act also defines a minimum punishment of rigorous life imprisonment and a fine for the offence of acid attack resulting in bodily harm as well as for the attempt to throw acid on someone. 

The Act also inserts two new chapters to the BNSS, titled Chapter IIIA,  Establishment of Special Courts and Chapter IIIB, Establishment of Aparajita Task Force. 

The Act mandates that Special Courts be established for the purpose of speedy completion of the cases involving offences against women and children and for the appointment of a Special Public Prosecutor to conduct cases before these special courts. 

The Act establishes the Aparajita Task Force which is a district level task force headed by the Deputy Superintendent of Police to investigate offences against women and children. This Act also requires that, to the extent possible,  female police officers should investigate cases for the task force. 

Further, the  Act lays down that the police must file the report of investigation within 21 days, instead of two months as defined under Section 193(2) of the BNSS. If the police cannot complete the investigation within 21 days, the Court can grant an extension of not more than fifteen days to the police. 

Finally, the Act mandates that the trial for such offences must be completed within thirty days of the filing of the report of police investigation.