Saturday, January 5, 2013

Suggestions to Justice Verma Committee


SEMINAR AND DISCUSSION SOCIETY
CAMPUS LAW CENTRE


 Research Group has taken the task of Drafting a Bill "THE PREVENTION OF VIOLENCE AGAINST WOMEN BILL, 2013", for suggestion to Justice Verma Committee, constituted for amendments to Criminal Laws relating to safety and security of women. Copy of Bill Could be found here.

 Salient Features of the Draft Bill are:

  • Establishment of Special Women Protection Police Unit (SWPPU).
  • Definition of Sexual Assault has been taken from Criminal Law (A) Bill, 2012
  • Punishment for sexual assault shall not be less than fifteen years but which may extend to imprisonment for life and shall also be liable to fine, which shall not be less than 2 lakhs rupees.
  •  Punishment for sexual assault by a person in authority or by more than one person in furtherance of common intention shall not be less than twenty years but which may extend to imprisonment for life and shall also be liable to fine, which shall not be less than 3 lakhs rupees.
  • Sexual harassment has been added and punishment thereof is upto three years of imprisonment and fine.
  • Abetment of any offence under this Act has same punishment, what is prescribed for offender of such offence.
  • Offence shall be recorded by Special Women Protection Police Unit or local police on information given by any person and such information shall be recorded in simple language. In cases where victim is in need of care and protection, such care and protection shall be provided within 24 hrs.
  • Statement of victim shall be recorded as spoken and  if required help of experts or interpreter shall be taken as required. Statement of victim shall not be taken in presence of advocate of accused.
  • A senior police officer shall investigate and in cases of sexual assault of woman, investigation shall be conducted by Woman police officer.
  • Special Courts shall be designated for speedy trial of such offences related to this Act. Special Court shall also try an offence other than the offence referred to in sub-section (1), with which the accused may, under the Code of Criminal Procedure, 1973, be charged at the same trial and also offence relating to S.67B of Information Technology Act, 2000.
  • Culpable mental state shall be presumed and it is open for defence to prove that accused had no such mental state at the time of commission of crime.
  • Special Public Prosecutor shall be appointed and if question on his fairness and impartiality comes, he shall be replaced.
  • A person above 16 years of age shall be deemed to be adult and tried under the Act.
  • Charge-sheet shall be submitted within 30 days and trial shall conclude within 4 months.
  • Woman relief and reparation fund shall be established for compensating victims. 
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