Maharashtra approves death penalty for rape. Here’s what the law now says

Maharashtra recently became the second state after Andhra Pradesh to approve the death penalty for rape, with the assembly passing the Shakti Criminal Laws (Maharashtra Amendment) Bill.

The Act aims to curb crimes against women and children and provides stricter punishment in rape cases.

In December 2019, the state said it would bring a law on the lines of the Andhra Pradesh’s Disha Act. In December 2020 the government presented a draft Bill making changes to existing laws on violence against women and children. It was tabled and passed by the assembly on December 2.

The Act amends existing criminal laws to include death penalty as punishment in cases in which the “characteristic of offence is heinous in nature and where adequate conclusive evidence is there and the circumstances warrant exemplary punishment, with death”. The existing law on rape had provisions for death penalty only in cases of repeated offences. The Act has also enhanced fines and punishment for offences of sexual violence against women and minors. Under the POCSO Act too, punishment for penetrative sexual assault in heinous cases has been enhanced to death penalty.

The Act requires the trial in these cases to be conducted on a day-to-day basis and completed within 30 working days from the date of filing of the chargesheet. It also requires for the investigation to be completed within a month of the FIR, which can be extended by another month by police authorities.

In cases of grievous hurt caused due to acid attacks under Section 326A, the punishment has been enhanced to a minimum of 15 years, which can be extended to the natural life of the perpetrator along with fine. In cases of voluntarily throwing acid or attempting to throw it, punishment under Section 326B has been enhanced to a minimum of seven years and a maximum of ten years. The fine amount in these cases will be towards medical expenses, including plastic surgery and face reconstruction, the Act states.

Opposition to Act

When the Bill was tabled, 92 people, including lawyers, child rights and women’s groups, wrote to Chief Minister Uddhav Thackeray opposing the changes, suggesting that the proposals could be counter-productive. 

The letter said that in many cases where the perpetrators are family members or known to the victims, it would be difficult to find support to approach authorities, leading to unreported cases. It was also submitted that the Act would endanger lives of victims since punishment for murder and rape could both attract death penalty. 

The letter suggested more effective implementation of existing laws to make accessing justice easier for victims.