Badlapur case fallout: Maha govt to study BNS provisions on punishment for rape, other offences against women

Mumbai, Aug 26 (IANS) Amid a spate of sexual assault cases in the country, including the one in Badlapur where two minor girls were abused, the Maharashtra Cabinet chaired by Chief Minister Eknath Shinde on Sunday decided to study the provisions of the Shakti Criminal Laws (Maharashtra Amendment) Act and the Bharatiya Nyaya Sanhita (BNS), 2023, over punishment for offences against women including the death penalty.

Thereafter, the government will take a call to pursue Presidential assent for the Shakti Act which was passed during the Maha Vikas Aghadi (MVA) government.

A senior minister said that apart from Chief Minister Shinde, his deputies Devendra Fadnavis and Ajit Pawar were vocal on this issue pressing for speedy trial of such sexual abuse cases in the state. Shinde, Fadnavis and Pawar referred to the pending Presidential assent for the Shakti Criminal Laws (Maharashtra Amendment) Act which has provisions for the death penalty for atrocities 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 woman under 12 years of age. No death penalty was provided for gangrape of woman aged below 16 but above 12 in section 376DA. Now, section 70(2) of BNS provides for the death penalty for gangrape of women under 18 years of age," said the minister.

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 it was decided to pursue the state government's plea for the Presidential assent for Shakti Act after thoroughly examining the provisions in the BNS.

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

Amid outcry over Badlapur sexual abuse case and opposition's move to target the government, the state Cabinet unanimously decided to conduct the trial in the fast track court demanding death penalty for the accused.

The state Cabinet also decided to sensitise the police department quickly register such cases without any delays and initiate action against those involved in sexual abuse cases.

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