Badlapur Aftermath: Maha Government Will Examine the New Legislation BNS on Penalty for Rape, Other Offences against Women

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Eknath Shinde talking in connection with effective laws to protect women and OBC community

Mumbai: Amid an increasing number of sexual assault cases in the country, including one in Badlapur where two minor girls were abused, the Maharashtra Cabinet, chaired by Chief Minister Eknath Shinde, decided on Sunday to study the provisions of the Shakti Criminal Laws (Maharashtra Amendment) Act and the Bharatiya Nyaya Sanhita (BNS), 2023, regarding punishment for offences against women, including the death penalty. It was also decided to

The government would then decide whether to seek Presidential approval for the Shakti Act, passed during the Maha Vikas Aghadi (MVA) regime.

A senior minister stated that in addition to Chief Minister Shinde, his deputies Devendra Fadnavis and Ajit Pawar were active on the matter, calling for a swift trial of such sexual assault cases in the state. Shinde, Fadnavis, and Pawar mentioned the pending Presidential approval for the Shakti Criminal Laws (Maharashtra Amendment) Act, which includes the death penalty for crimes against children and women.

“However, Deputy CM Fadnavis suggested that the government will have to study the provisions of the Shakti Act and the Bharatiya Nyaya Sanhita (BNS), 2023, which has been notified in July this year, which defines punishment for rape of women under 12 years and 16 years. Death sentence was provided under section 376DB of IPC for gang rape of a woman under 12 years of age. No death penalty was provided for gang rape of women aged below 16 but above 12 in section 376DA. Now, section 70(2) of BNS provides for the death penalty for gang rape of women under 18 years of age,” said the minister.

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He further stated that Section 65 of BNS combines both age categories (under 12 and under 16) into a single section, simplifying the legal framework.

He added that after thoroughly examining the provisions in the BNS, the state government decided to pursue its plea for Presidential assent for the Shakti Act.

Further, the Cabinet also decided to issue a directive to the administration across the state to remain alert, curb such cases, and actively pursue them on a fast track mode so that the culprits will be severely punished.

Amidst public outrage over the Badlapur sexual abuse case, the state Cabinet, in a move to expedite justice, unanimously decided to hold the trial in a fast-track court, requesting the death penalty for the guilty.

The state Cabinet also determined to raise awareness among police officers about the importance of immediately registering such incidents and taking action against those involved in sexual abuse.

 

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–IANS

 

 

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