West Bengal Aparajita Act for Women and Children and POCSO Act: Key Differences

The West Bengal Assembly on Tuesday passed the “Aparajita Women and Children (West Bengal Criminal Laws and Amendments) Bill, 2024”which provides for the death penalty for those convicted of rape and murder.

The Bill, which proposes amendments to relevant provisions of the Bharatiya Nyaya Sanhita 2023, the Bharatiya Nagrik Suraksha Sanhita 2023 and the Protection of Children from Sexual Offences Act 2012 (POCSO), would be applicable to survivors/victims of all age groups.

Here are the differences between Bengal Anti-Rape Act and POCSO Act.

Increasing punishment for sexual assault

Bengal Anti-Rape Bill: The proposed law increases the minimum sentence from 3 to 7 years. Under the new law, the minimum sentence for sexual abuse is seven years, which can be increased to 10 years, along with a fine.

POCSO: Section 8 of the POCSO Act states that “Anyone who commits sexual assault shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.”

RECORDING SIGNS ABOUT A CHILD

Bengal Anti-Rape Law: The new law requires that evidence of a child rape must be recorded within seven days, as against 30 days under the POCSO Act.

POCSO: The Act states that the statement of the child must be recorded within 30 days of the Special Court taking cognizance of the offence and the reasons for any delay must be recorded by the Court.

IN COURT

Bengal Anti-Rape Law: Special Court must complete the trial within 30 days.

POCSO: The Special Court should, if possible, complete the proceedings within one year from the date of cognizance of the offence.

Tougher punishment for serious sexual assault

Bengal Anti-Rape Law: The new law increases the minimum sentence from five to seven years.

POCSO: Section 10 of the POCSO Act states, “Whoever commits aggravated sexual assault shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.”

Punishment for serious sexual abuse through penetration

Bengal Rape Bill: The bill provides for life imprisonment, that is, imprisonment for life for the person along with a fine or the death penalty.

POCSO: It provides for a term of imprisonment for a term of not less than 20 years, which may extend to life imprisonment i.e. imprisonment for the remainder of the natural life of the person, along with a fine or the death penalty.

ON FINE

Bengal Rape Act: The new law stipulates that the fine shall include compensation to the victim or her next of kin as determined by the Special Court.

POCSO: It states that the fine imposed for the offence must be fair and reasonable to cover the medical expenses and rehabilitation of the victim.

Punishment for penetrative sexual abuse of a child under 16 years of age

Bengal Rape Bill: The new bill will make this offence punishable by life imprisonment, that is, imprisonment for life for the person, along with a fine or the death penalty.

POCSO: Under this, sexual abuse of children below 16 years of age is punishable with imprisonment for a term not less than 20 years, or life imprisonment, i.e. imprisonment for the rest of the life of the person concerned, and with fine.