Kolkata: Sanjay Basu, senior standing counsel for Bengal govt in SC, said, “We have researched multiple SC and HC judgments. We propose to have both death and rigorous imprisonment for remainder of a person’s life and fine/compensation for trauma, rehabilitation and treatment of the victim. For rape and murder, provisions will be death and fine. A shorter fixed period for probe and trial is being proposed.Other legal details are also being discussed threadbare.”
Criminal Law (Amendment) Act, 2013 amended IPC to allow death penalty in rape cases when it led to death or left victim in a persistent vegetative state, and in cases of repeat offenders. Criminal Laws (Amendment) Act, 2018 provided for death penalty for rape, gang rape of girls below 12. BNS 2023 keeps old penal provisions and adds that gang rape of a woman under 18 — Section 70(2) — is punishable by imprisonment for the remainder of that person’s natural life, and with fine, or with death.
The 2019 Disha Bill in Andhra and 2020 Shakti Bill in Maharashtra hit a wall because of mandatory death penalty clause. Aping these would have resulted in the proposed bill meeting the same fate, lawyers said. Speaker Biman Banerjee said, “A special session will be convened from Monday. The state is well within its Constitutional rights to amend penal laws.”