The joint select committee of the Maharashtra Legislature, in its report, has suggested stringent punishment to curb crime against women and children in the SHAKTI Criminal Law (Maharashtra Amendment) Bill, 2020, which was referred to it earlier. The bill was crafted on the lines of the Andhra Pradesh government's DISHA Act. The report, in turn, was tabled in the state legislature by Home Minister Dilip Walse-Patil on Wednesday. The committee has suggested a new section175 C, proposing a simple imprisonment of up to 3 years or a fine up to Rs 25 lakh or both for internet or mobile telephony providers for their failure to share data for police investigation.
In cases of false complaints or giving false information to a public servant for a specific offence, the complainant shall not be liable to imprisonment for less than one year, but for a term not exceeding three years and to a fine not exceeding Rs 1 lakh under section 182 C. In this way, if a false complaint is made about a sexual offence, the complainant canbe punished, so as to minimise the number of false complaints and, consequently, the unnecessary humiliation of an innocent person.
In cases of acid attack, section 326 of the Acid Act will be amended to provide imprisonment of not less than 15 years, but the offender may be sentenced to imprisonment and fine for the remainder of his natural life. In addition, the cost of plastic surgery and face surgery will be recovered from the fine.
A new section 354 D is proposed for provocative conversations or threats by any means of communication (electronic or digital) (apart from molesting the woman). It is proposed that the punishment be meted out to men, women or transgender people.
Further, the committee has suggested an amendment to the section 376 of the Rape Act to provide for the death penalty in cases where the offender is liable to rigorous imprisonment or in cases where the nature of the offence is severe and there is sufficient conclusive evidence. In such cases, it is proposed that the court will give the punishment of life imprisonment.
The committee has also suggested amendment to the section 100 of the Criminal Procedure Code for the appointment of two public servants as ‘panchas’ in case of sexual offences or two social workers recognised by the Department of Women and Child Welfare of the Government as ‘panchas’.
In cases of sexual offences, the section 173 of the Criminal Procedure Code will be amended to provide that the police investigation should be completed within 30 days from the date on which the report was filed. If the investigation is not completed within 30 days then the concerned Inspector General of Police or Commissioner of Police can give an extension of 30 days after stating the reasons.
Moreover, the section 309 of the Criminal Procedure Code will be amended for the completion of judicial inquiry into a sexual offenses within 30 working days.
Walse-Patil told the house that the joint select committee has made necessary amendments to the Bill in consultation with the members of both the houses, the Women's Associations in Nagpur, Aurangabad and Mumbai, as well as the Association of the High Court and District Advocates. He added the committee took the expert opinion of the Maharashtra Legislative Council deputy chairperson Neelam Gorhe in view of her contribution for women's empowerment
