Bill Summary
The Shakti Criminal Laws (Maharashtra Amendment) Bill,
2020
The Shakti Criminal Laws (Maharashtra Amendment) Shorter timeline: For offences committed against
Bill, 2020 was introduced in the Maharashtra Assembly women and children such as rape and gang rape, the
on December 14, 2020. The Bill amends the Indian Bill reduces the time for completion of investigation,
Penal Code, 1860 (IPC), the Code of Criminal trial and disposal of appeal as shown in Table 1.
Procedure, 1973 (CrPC), and the Protection of Children
Table 1: Shorter timeline for procedures
from Sexual Offences Act, 2012 (POCSO Act) in their
Procedures CrPC, 2020 Bill
application to Maharashtra. It amends these laws for
1973
offences committed against women and children.
Completion of investigation 2 15 working days
Amendments to IPC (excluding sexual intercourse offences months (extendable by 7
by husband during separation or working days)
Enhanced punishment: The Bill introduces the death person in authority)
penalty for offences such as causing grievous hurt by
use of acid, rape and gang rape. It will apply where the Completion of inquiry or trial from the 2 30 working days
date of filing of the charge sheet months
offence is heinous in nature, there is adequate
conclusive evidence, and the circumstances warrant Period for disposal of appeal against 6 45 days
exemplary punishment. sentence months
The term of imprisonment for voluntarily throwing or For acid-related offences, the Bill introduces the same
attempting to throw acid has been increased from five to timelines for completion of investigation and other
seven years, to seven to ten years. related procedures.
Under IPC, intentionally providing false information to Amendments to POCSO Act
a public servant is punishable with a jail term of up to Enhanced punishment: Under the POCSO Act, the
six months, or with fine up to Rs 1,000, or both. The offence of penetrative sexual assault of a child below 16
Bill extends the imprisonment term for providing false years of age is punishable with imprisonment of at least
information related to offences against women and 20 years up to life imprisonment, along with a fine. The
children up to one year. Bill specifies that the fine should be at least five lakh
Disclosure of identity: Under IPC, disclosing the rupees. It also provides for the death penalty if the
identity of the victim for offences such as rape offence is heinous in nature.
committed against women and children is punishable The Bill increases the term of imprisonment for certain
with imprisonment and fine. The Bill extends this other offences as shown in Table 2.
provision to other offences committed against women
such as sexual harassment, voyeurism, and stalking. Table 2: Imprisonment for certain offences
Offences POCSO, 2012 2020 Bill
Intimidating woman: The Bill adds that intimidating a Sexual assault 3-5 years 5-7 years
woman will be punishable with imprisonment of up to
Aggravated sexual assault 5-7 years 7-10 years
two years and fine of up to one lakh rupees. Such
intimidation includes: (i) offensive communication, or Failure to share data for investigation: The Bill adds
(ii) threat to disseminate photos, among others. that social media platforms or telecom service
Amendments to CrPC providers, among others, are required to provide data
requested by investigation officers. This will be
Giving information of certain offences: Under CrPC, applicable for investigation of specified offences
every person aware of the commission or intention to against women and children under IPC and the POCSO
commit offences such as kidnapping for ransom, and Act. Failure to share data within seven working days
robbery, should inform the nearest magistrate or police would constitute an offence punishable with
officer of such commission or intention. The Bill imprisonment of up to one month, or a fine of five lakh
extends this requirement to offences committed against rupees, or both.
women and children such as sexual harassment,
stalking, and rape.
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Akhil NR
January 08, 2021
[email protected]
PRS Legislative Research Institute for Policy Research Studies
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