Similarities and differences between the Bengal, Andhra and Maharashtra bills

On September 3, the West Bengal Parliament unanimously passed a state anti-rape law. It provides for the death penalty for rape victims if their acts result in the death of the victim or leave her in a vegetative state. For other offenders, it provides for life imprisonment without parole.

The bill, which once passed will require the assent of the Governor and then the President of Bengal, would mark a significant advance in the state's legal framework against sexual crimes.

Before the Aparajita Act in Bengal, Andhra Pradesh and Maharashtra had passed similar women's safety laws that provided for the death penalty for rapists. Here are the key features, similarities and differences of the three bills.

Bengal’s ‘Aparajita’ anti-rape law

The bill, adopted on 3 Septemberproposed that the newly enacted Bharatiya Nyay Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and the POCSO Act, 2012 “be amended as applicable to the State of West Bengal to increase penalties and provide a framework for … expeditious investigation and trial of the heinous acts of violence against women and children.”

According to the bill, any fine imposed must be “fair and reasonable” to cover the medical expenses and rehabilitation of the victim or, where applicable, his or her next of kin, as determined by the Special Court, and must be paid within the time limit specified by it.

While Section 64 of the BNS provides that a person convicted of rape shall be punished with imprisonment for a term not less than 10 years or for life, the Aparajita Bill not only provides for an extension of the term of imprisonment to the ‘remainder’ of the natural life of the convict but also introduces the provision that Capital punishment.

The new bill passed by the West Bengal Legislative Assembly also provides only capital punishment for the convict if the rape results in the death of the victim or renders her in a vegetative state, thereby amending Section 66 of the BNS which provides for a term of imprisonment of 20 years or life imprisonment or the death penalty for the offender in such a scenario.

The Aparajita Bill also amends Section 70 of the BNS by removing the possibility of a 20-year prison sentence for those convicted of gang rape and only life imprisonment and in such cases to death.

The bill passed by the West Bengal Assembly requires rape cases Investigations should be completed within 21 days of reporting the crime, although in some cases an extension of up to 15 days is possible.

It contains provisions for the establishment of task forces to investigate cases of sexual assault and Special courts to hear such cases.