Anti-rape laws: How many States passed them and have they been implemented?
The story so far: The monsoon session for legislatures across India will kick off soon, bringing a slew of new Bills and reviving several long-pending ones. Several such bills making punishment for rape more stringent lie dormant in these Assemblies, yet to be implemented as law. Promised in the wake of horrific rape cases like the gory incidents in Unnao, Kathua, Nirbhaya and others, State assemblies have often introduced, debated and sometimes even passed 'anti-rape' bills. However, seldom have these laws gained the President's assent or withstood the courts' scrutiny.
'Increased rate of crime against women is an area of concern for the law-makers and it points out an emergent need to study in depth, the root of the problem and remedy the same through a strict law and order regime. There are a number of legislations and numerous penal provisions to punish the offenders of violence against women. However, it becomes important to ensure that gender justice does not remain only on paper,' wrote Justice Bhanumathi in her verdict upholding the death penalty for the Nirbhaya rape convicts in 2017. However, the apex Court's warning does not seem to have fructified.
Over the years, Andhra Pradesh, Tamil Nadu, Madhya Pradesh, Maharashtra, Rajasthan, Haryana, Arunachal Pradesh and West Bengal have passed Bills which mete out stricter punishment in rape cases. Here's a look at these bills and their ongoing journey to becoming law.
2013: Central law
Nation-wide protests erupted in the wake of the gang-rape of a 22-year-old medical intern in December 2012, spurring Parliament to pass the Criminal Law (Amendment) Bill, 2013 in March that year. The revised Bill amended various sections of the Indian Penal Code, the Code of Criminal Procedure, the Indian Evidence Act and the Protection of Children from Sexual Offences Act, making punishment for sexual crimes more stringent.
The Bill sentences a rape convict to rigorous imprisonment for a term not less than 20 years, which may extend to life. For repeat offenders, the Bill allows the sentencing of the convict to death. Stalking and voyeurism were defined as non-bailable offences if repeated for a second time, while acid attack convicts could now be sentenced up to 10 years. Within a fortnight, the President gave his assent to the Bill, making it a law.
2017-2018: Bills in Madhya Pradesh, Rajasthan, Haryana, Arunachal and Centre
Following rising rape cases and the quick passage of the above Act, several States passed their own amendments to the Indian Penal Code, bringing in more stringent punishment for rape cases.
In December 2017, Madhya Pradesh was the first to pass a Bill amending the Criminal Law Act, 2013, increasing imprisonment terms and permitting the death penalty to those found guilty of raping girls aged 12 and below. Bills with the same provision were passed by Rajasthan, Haryana and Arunachal Pradesh in March 2018.
Sensing the need for stricter legislation to protect minors, the Parliament passed the Criminal Law (Amendment), 2018 in August that year. The Bill increased the minimum punishment for rape from seven to ten years of imprisonment and awarded a minimum imprisonment of twenty years extendable to life or death, in cases where the rape victim was below twelve years of age. It also punished those convicted of raping girls below 16 years with imprisonment of twenty years or life. However, punishment for rape of boys remain unchanged. The Bill received the President's nod within a week, negating the need for the above-mentioned State-specific legislations.
2019: Bills in Andhra Pradesh
Following outrage sparked by the rape of a 26-year-old veterinarian on November 27, 2019, the Andhra Pradesh Assembly passed two Bills — the AP Special Courts for Specified Offences against Women and Children Act 2019, and AP Disha Act - Criminal Law (AP Amendment) Act 2019, within a fortnight.
These two bills constituted exclusive special courts in every district for speedy trial of specified offences against women and children and awarded upto (i) life imprisonment to those convicted for aggravated sexual assault on children, (ii) capital punishment if convicted for rape and murder of a woman. It also set a 14-day deadline for filing chargesheets and shortened the disposal time for appeals against such sentences to three months.
The Bill was passed unanimously on December 13, 2019 and then-CM Jagan Mohan Reddy lauded the Telangana Police for gunning down all four accused, a week prior to the Bill's passing. A Supreme Court-appointed commission concluded that the encounter was staged, recommending that all 10 police officers be booked for murder.
Despite constant lobbying by Mr. Reddy, both Bills await the President's assent. With the legality of the Bills in question, the current State government led by N. Chandrababu Naidu has launched the 'Shakti App' - a safety app for women in distress to access emergency services.
2021: Bill in Maharashtra
In 2021, amidst the furore over the gang-rape of a 15-year-old girl by at least 33 men, over a period of nine months, the Maharashtra Assembly passed the Shakti Criminal Laws (Maharashtra Amendment) Bill, 2020. The Bill introduced the death penalty for those convicted for rape, gang-rape and acid attacks causing severe harm. It also sets a 30-day deadline each for - (i) completion of investigation, (ii) filing chargesheet and (iii) day-to-day trial after filing of chargesheet and (iv) disposal of appeal against the verdict. The Bill also punishes false complaints, intimidation, and defamation of women.
After power changed hands from Uddhav Thackeray to Eknath Shinde, the Bill was sent to the President, and was returned with queries indicating that several Supreme Court judgements were overstepped by the Bill. In 2023, the Parliament passed three amended criminal laws —Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS) and Bharatiya Sakshaya Act (BSA)— replacing the colonial-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act.
Following their their passage, the Centre has asked the current government, headed by Devendra Fadnavis, whether there is a need for the Bill. Mr. Fadnavis has stated that his cabinet will review the Bill, make amendments and retable it, if necessary.
2023: Central law
Replacing the British-era Indian Penal Code (IPC), the Bharatiya Nyay Sanhita, 2023 was passed by Parliament, introducing significant changes to punishment for sexual offences and making the law more gender-neutral. Replacing 'minor girl' with 'child', BNS makes procuring those under the age of 18 for sexual exploitation a punishable offence. It classifies rape based on the age of the victim (whether under 18, 16 or 12), and introduces provisions meting out different senetences for convicts in each category. Rape of a minor girl by one or a group is punishable by life imprisonment or death.
Under the BNS, sexual intercourse with a woman by deceitful means or making false promises is punishable by up to 10 years in prison. While rape is punishable by up to ten years of imprisonment, aggravated forms of rape will be punished by imprisonment for 10 years or life.
The Act does not criminalise marital rape nor does it include men in its core definition of rape. Sexual offences against men and transgender people may be added later, Union officials have said.
This Bill, along with the other two criminal laws, was signed into law by President Murmu and is in effect since July 1, 2024.
2024: Bill in West Bengal
A month after a 31-year-old doctor was raped and murdered inside Kolkata's R.G. Kar Medical College and Hospital, the West Bengal Assembly passed the Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment), 2024 in September last year. Amending three Central Acts (the Bharatiya Nyay Sanhita 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the POCSO Act 2012) for West Bengal, the Bill awards up to death penalty to perpetrators convicted for a rape which either resulted in the victim's death or left her in a vegetative state; and life sentence without parole for other perpetrators.
Similar to its sister legislations in Maharashtra and Andhra Pradesh, this Bill sought to expedite investigations by introducing a limit of 21 days from the reporting of the crime, provided for the setting up of special courts to hear such cases speedily and introduced a fine on the convict which shall be 'fair and reasonable' to meet the medical expenses and rehabilitation of the victim. This Bill has been sent to President Droupadi Murmu for her assent. A delegation of TMC MPs, including Derek O'Brien, Sudip Bandyopadhyay, Protima Mondal, Dola Sen, Mahua Moitra and Sagarika Ghose, among others, met with the President in February, urging her to sign this Bill into law.
2025: Bill in Tamil Nadu
In January, the Tamil Nadu Assembly passed the Criminal Laws (Tamil Nadu Amendment) Bill, 2025 which proposed a minimum of 14 years of rigorous imprisonment for a rape convict. If the accused is a member of the police force, it seeks to double the minimum to rigorous imprisonment for 20 years. It also awards life term as the minimum punishment and death penalty as the maximum if the rape victim is a girl aged below 12 years.
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