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Shakti bill research (2.09.2024)

 Name of the Bill: The Shakti Criminal Laws (Maharashtra Amendment) Bill, 2020

 Introduced In: December 2020

 Laws Amended: IPC, the Code of Criminal Procedure, 1973 (CrPC), and the Protection of
Children from Sexual Offences Act, 2012 (POCSO Act) in their application to Maharashtra.

The Bill has been referred to a Joint Select Committee of MLAs and MLCs.

 Other States introducing amendments on similar issue: Andhra Pradesh, Arunachal

Pradesh, and Chhattisgarh introduced amendment bills for changing some provisions of IPC
in relation to offence against women.
Ex. Andra Pradesh Disha Bill provide for enhanced punishment (including death penalty) for
certain crimes against women. Shakti bill has similar provisions.

 Introduction: Subject of Criminal Law comes under Concurrent List, hence both centre and
state has authority to make laws. Over the period of time several changes were made in the
IPC provisions

 Key Provisions:

1. The Bill introduces death penalty for certain offences against women and children such as
rape.

2. Punishment for certain offences such as providing false information and throwing acid has
been enhanced.

3. The Bill proposes a shorter timeline for the investigation, trial, and disposal of appeal of
certain offences.

4. The Bill increases the term of imprisonment and fine for certain offences under the IPC
and the POCSO Act.

 Intimidating a woman: The Bill adds that intimidating a woman will be punishable with
imprisonment of up to two years and a fine of up to one lakh rupees. Such intimidation
includes: (i) offensive communication (which is lewd in nature), and (ii) use of social media to
defame a woman, among others.

 Failure to share data for investigation: The Bill provides that an investigating officer may
seek data from social media platforms or telecom service providers, among others, for
investigating specified offences against women and children under the IPC and the POCSO
Act. Such data must be shared with the officer within seven working days. Failure to share
data within the stipulated time will constitute an offence punishable with imprisonment of
up to one month, or a fine of five lakh rupees, or both.

 Disclosure of identity: Under IPC, disclosing the identity of the victim for offences such as
rape committed against women and children is punishable with imprisonment and a fine.
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The Bill extends this provision to other offences committed against women such as sexual
harassment, voyeurism, and stalking.

 Giving information of certain offences: Under CrPC, every person who is aware of the
commission or intention to commit offences such as kidnapping for ransom, and robbery,
should inform the nearest magistrate or police officer of such commission or intention. The
Bill extends this requirement to offences committed against women and children such as
sexual harassment, stalking, and rape.

 Shorter timeline: The Bill reduces the time for completion of investigation, trial, and disposal
of appeal for offences committed against women and children such as rape and gang rape.
These timelines will also apply for the completion of investigation and other related
procedures for acid attacks.

2020 Bill
Offences Act (min-max)
(min-max)

POCSO Act, 2012

Sexual assault 3 - 5 years 5 - 7 years

Aggravated sexual assault 5 - 7 years 7 - 10 years

Penetrative sexual assault of 20 years – life 20 years -

a child below 16 years of age imprisonment; death; and

and a fine a fine of at

least five lakh
rupees

IPC, 1860

Voluntarily throwing or 5 - 7 years 7 - 10 years

attempting to throw acid

Intentionally providing false Six months 1 year

information to a public (maximum) (maximum)
servant
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Punishment for certain offences under the Acts and the Bill (minimum – maximum punishment)

Procedures CrPC, 2020 Bill

1973

Completion of investigation 2 15 working days (extendable

months by 7 days)

Completion of inquiry or trial from the date of 2 30 working days

filing of the charge sheet months

Period for disposal of appeal against sentence 6 45 days

months

Table 2: Shorter timeline for procedures (for offences including rape and gang rape)

Issues for consideration:

1. provisions regarding mandatory death penalty, has been criticised on grounds for being
violative of article 14. mandatory death penalty is arbitrary and unfair as it denies courts the
right to exercise their discretion on whether to impose a death sentence. both the
circumstances of the ‘crime’ as well as those of the ‘offender’ must be taken into
consideration.
However, the Bill provides that the death penalty will apply when the offence is heinous and
the circumstances warrant exemplary punishment. These provisions do not factor in the
circumstances of the offender.

2. Investigation Time, The Bill proposes that the investigation for offences such as rape, gang
rape be completed within 15 working days after an FIR is filed. This can be extended by
seven days, if the investigating officer gives written reasons to the Special Inspector General
of Police or the Commissioner of Police.It can be argued that such a time frame may not be
sufficient to conduct the investigation which includes various steps such as collecting
evidence, and recording statements. There could also be cases that are complex and may
require more time for investigation. Further, note that there is a severe manpower shortage
in the police department in Maharashtra which could also impact the timely closure of
investigations. As of 2019, the actual police-population ratio of Maharashtra was 175
policemen per lakh population, which is less than the ratio of 222 recommended by the
United Nations.[11] Table 3 gives details on the pendency for investigation of rape and acid
attacks cases in India, and cases of crimes against women in Maharashtra.
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Table 3: Cases pending investigation for certain offences (2019)

Cases pending Cases pending

Cases reported % of cases pending
Offences investigation from investigation at the
during 2019 investigation
2018 end of 2019

India

Rape 13,480 32,033 14,961 33%

Acid attacks 88 192 96 34%

Maharashtra

Crime against
24,915 37,144 27,216 44%
women

3. Timeline for investigation of sexual offences by a person in authority or by a husband

during separation not reduced
The Bill reduces the timeline for investigation of offences committed against women and
children, such as rape and gang rape, from two months (in the CrPC) to 15 days. However,
the timeline for investigation of sexual intercourse offences by a husband during separation,
or by a person in authority has not been reduced. It is unclear as to why the timeline for
investigation has not been reduced for these offences. A person in authority includes: (i) a
public servant, (ii) superintendent of a jail, or (iii) a person in the management or staff of a
hospital, among others.

Comparison with existing laws

Table 5: Comparison of the Bill with existing laws for punishment for certain offences

Provision IPC, 1860 IT Act, 2000 Shakti Bill (Clause 8)

Offensive  Dissemination of  Offensive communication in a

communication obscene/lascivious manner that is lascivious, using
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material in electronic electronic means

form (Sec 67)

 Imprisonment: up to 2 years.
 Imprisonment: up to 3
years
 Fine: up to Rs 1 lakh

 Fine: Amount not

specified

Violation of  Electronic dissemination  Use of woman’s name/photos

privacy/ outrage of images to violate the with intent to outrage her
modesty privacy of the person modesty or violate her privacy
(Sec 66E)

 Imprisonment: up to 2 years
 Imprisonment: up to 3
years
 Fine: up to Rs 1 lakh

 Fine: up to Rs 2 lakh

Dissemination of  Dissemination of  Dissemination of  Threat to disseminate through

sexually explicit images depicting sexually explicit material media, material depicting any
material woman engaging (including those part of woman’s body, or
in a private act involving children) in involvement in sexual act
(including sexual electronic form (Sec 67A,
act) (Sec 354C) 67B)
 Imprisonment: up to 2 years.

 Imprisonment: 1  Imprisonment: up to 5
 Fine: up to Rs 1 lakh
to 3 years (first years (first offence), up
offence), 3 to 7 to 7 years (subsequent
years offence)
(subsequent
offence)
 Fine: up to Rs 10 lakh

 Fine: Amount
not specified

Obligations on Data Intermediaries and Custodians to Share Data

The Shakti Bill mandates that any social media platform, internet, or mobile telephone data provider
must share data, documents, or electronic records with the Investigation Officer upon request for
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investigating crimes against women and children. Failure to comply can result in imprisonment for up
to one month, a fine of five lakh rupees, or both. The requested information must be provided within
seven days. Notably, the Bill does not specify the requirement of a court order or warrant, nor does it
provide safeguards for accessing such information.

In comparison, the IPC and IT Act also require the provision of documents to authorized persons. The
IPC states that failure to produce documents to a public servant can result in imprisonment for up to
one month, or a fine of five hundred rupees, or both. Under the IT Act, an authorized person can
direct individuals to provide access to information for reasons including national security or
investigation of offenses, with penalties including imprisonment of up to seven years and fines for
non-compliance.

The lack of a court order requirement or specific safeguards in the Shakti Bill may infringe on the
fundamental right to privacy. According to the Supreme Court, privacy restraints must: (i) be in
accordance with procedures established by law, (ii) pursue a legitimate state aim, and (iii) be
proportional to the aim. The absence of adequate safeguards in the Bill could potentially fail to meet
these requirements.

Punishment for False Evidence

The Shakti Bill amends the IPC to classify making a false complaint or providing false information
against an individual with the intent to humiliate, extort, threaten, defame, or harass as a punishable
offense. This applies specifically to crimes against women, such as acid attacks and rape, with
penalties including imprisonment for up to one year, a fine, or both. This provision may deter the
reporting of crimes against women and children, which are already under-reported.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013,
also penalizes false complaints, a provision criticized by the Justice Verma Committee (2013) as
potentially abusive and counterproductive. The Report of the Committee on Crime Statistics (2011)
highlighted significant under-reporting of crimes against women, noting that the NCRB (2009) data
captured less than 0.16% of such crimes compared to the National Family Health Survey (2005-06).

Existing laws, including the IPC and the POCSO Act, already impose penalties for false complaints,
with imprisonment of up to six months. The Bill increases this penalty to up to one year.

Table 6: Comparison of the Bill with existing laws for false complaint

Act/ Bill Offence

IPC, 1860  Institutes false charge of offence with intent to injure.

(Sec 211)
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 Imprisonment: up to 2 years (up to 7 years if the charge is for an offence

punishable with death or life imprisonment); Fine: Amount not specified.

POCSO Act, 2012  Makes false complaint or gives false information against any person for
offences of sexual assault against children, solely with the intention to
(Sec 22)
humiliate, extort, threaten, defame, or harass.

 Imprisonment: up to 6 months; Fine: Amount not specified.

2020 Bill  Makes false complaint or gives false information against any person for crimes
against women (such as acid attack, and rape), solely with the intention to
(Clause 4)
humiliate, extort, threaten, defame, or harass.

 Imprisonment: up to 1 year; Fine: Amount not specified.

Other Measures for the Safety of Women additional measures suggested by various committees
could further improve women’s safety:

 Implementation:

o Ensure laws are strictly enforced.

o File charge sheets within 30 days.

o Deny bail to accused in serious cases.

o Complete trials within six months.

 Infrastructure:

o Establish women’s cells in police stations with specialized training.

o Increase the number of women police officers.

o Create a single helpline for women’s safety.

o Set up forensic labs in all state capitals.

o Install CCTV and panic buttons in public transport.

 Education and Awareness:

o Conduct public awareness programs on women’s safety laws.

o Incorporate respect for women into school curricula.

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o Develop university Departments of Women Studies for counseling.

o Train healthcare workers on handling gender-based violence.

o Provide gender sensitivity training for judges.

 Utilization of Funds:

o Ensure timely use of allocated funds for women’s safety projects, such as one-stop
centers and helplines.

o Address the underutilization of the Nirbhaya Fund, with only 36% disbursed so far.

These measures, alongside the Bill’s provisions, aim to strengthen the legal and i