Bill proposes special courts, police teams to handle crimes against women

The report, tabled in the state assembly on Monday, proposed amendments to the Maharashtra Exclusive Special Courts (for certain offences against women and children under the Shakti law) bill

Mumbai: A Joint Select Committee of the state legislature submitted its report on a bill, which if passed, would permit the state to constitute special police teams and exclusive special courts for the speedy investigation, trial and conviction in specific crimes against women and children.

It allows capital punishments in cases of rape, gang rape and acid attacks where the crime is in heinous in nature. (Getty Images/Purestock)

The report, tabled in the state assembly on Monday, proposed amendments to the Maharashtra Exclusive Special Courts (for certain offences against women and children under the Shakti law) bill, 2022. The revised bill is expected to be taken up the ongoing budget session.

Maharashtra passed the Shakti Criminal Laws (Maharashtra Amendment) Bill, 2020 in the winter session of the state legislature in December 2021, which permitted the death penalty to rape or acid attack offenders in certain specific circumstances.

The Shakti legislation sought amendments to the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Protection of Children from Sexual Offences (POCSO) Act to include new offences, increase punishments and speedier investigations and trials in crimes against women and children.

It allows capital punishments in cases of rape, gang rape and acid attacks where the crime is in heinous in nature. The legislation further covers punishments for offences that were not specifically covered under the laws for crimes against women and children. It includes threatening women and defaming them on social media, making false complaints about rape and acid attacks, non-cooperation of social media platforms and public representatives in such investigations and bringing in restrictions to protect the identity of victims in molestation cases and acid attacks, just like in rape cases.

To “avoid unnecessary delay in the implementation of punishments proposed against specific offences in the said bill,” which would otherwise “defeat the very objective of the bill to cause a deterrent effect on the offenders,” the report stated that the current bill allows the state government to establish or designate one or more exclusive special courts in each district of the state in consultation with the high court. Such courts would exclusively conduct trials of specified offences within its jurisdiction.

“The state government shall, in consultation with the High Court, for the purpose of speedy trial of specified offences establish or designate in each district, one or more exclusive special courts. Such courts shall exclusively conduct trials of specified offences within its jurisdiction. The state government shall appoint one special public prosecutor and one or more additional special public prosecutor for the purpose of conducting trials before the exclusive special court,” the report stated.

In the original draft bill, there was no clarity over whether the state can appoint more than one special public prosecutor. The report by the joint select committee does that.

The bill also paves for special police teams at district or Commissionerate level, headed by a deputy superintendent of police rank official for investigating such offences. The superintendent of police (SP) or commissioner of police (CP) will have the authority to hand over the cases to the special police teams for investigation.

The report recommended that each such team have one woman police constable and woman personnel, and to give priority to the officers of the Crime Branch of district or Commissionerate, to ensure that the jurisdiction of the police stations remain unaffected.

The bill will facilitate the state government to provide medical and psychiatric support and care, psychiatric counselling, facilitating legal aid and financial aid and rehabilitation of the victims by establishing or designating institutions such as one-stop trauma centres. It also allows the state to form, operate and maintain a register in electronic form to be called the women and children offenders registry.

It will allow the state to keep details of the persons convicted of specified offences shall be maintained and made available to law enforcement agencies. It will also be linked with the national registry of sexual offenders.

The bill was sent to the 23-member joint select committee during the winter session of the state legislature.

BOX

Shakti law:

*Death sentence in cases where the offence of rape is heinous in nature, provided that there are adequate conclusive evidence against him and the circumstances requires exemplary punishment

*Suggests amendment in the section 376 of the Indian Penal Code (IPC) for awarding death penalty to the offenders of rape. In cases related to acid attack as well, the law allows death penalty if the crime should be is heinous in nature, provided that there is adequate conclusive evidence against the accused and the circumstances requires exemplary punishment

*The minimum punishment for acid attack accused will be of 15 years jail term which can be extended to life sentence along with fine need to be paid to the victim for plastic surgery and face reconstruction operations. For this, it has suggested amendment in the section 326 of the Indian Penal Code (IPC).

*For person accused of committing offence of rape on a woman under the age of 16 years, the minimum punishment should not be less than 20 years which may to extend life sentence with fine and death in case of heinous offences with conclusive evidence. The punishment is similar for the gang rape but it is committed on a woman below 16 years than the minimum punishment is not less than life imprisonment.

*The legislation mandates that the investigation into acid attacks or sexual assaults will be completed within 30 days of registering the crime. If it is not completed, an extension of 30 days can be granted by the concerned police commissioner or special inspector general of police (IG) by giving a substantive reason.