Andhra Pradesh Assembly Unanimously Passes Disha Act-2019. My dear friends in
today's article, I will tell you about Andhra Pradesh Assembly Unanimously
Passes Disha Act-2019.
Days after the rape and murder of the 26-year-old veterinarian in Hyderabad,
which sparked off a national outrage, Andhra Pradesh became the first State to
enact a law aimed at awarding capital punishment to those who are guilty in
specified offences against women and to expedite trial in such cases within 21
days of committing the crime.
The Legislative Assembly  of Andhra Pradesh on Friday unanimously passed two
Bills, Andhra Pradesh Disha Act - AP Special Courts for Specified Offences
against Women and Children Act 2019, and AP Disha Act - Criminal Law (AP
Amendment) Act 2019, to constitute exclusive special courts in every district
for speedy trial of specified offences against women and children and for
amending sections in the Indian Penal Code, 1860 and Code of Criminal Procedure,
1973, adding new sections and awarding capital punishment to those convicted of
rape.
Minister for Home M. Sucharita introduced the Bills in the afternoon, after a
day-long debate on crime against women.
Chief Minister Y.S. Jagan Mohan Reddy, in his address to the House before the
Bills were passed, termed the tabling of the two Bills as a “revolutionary stepâ€
in ensuring justice in heinous crimes and yet again, said that the decision of
Telangana police to gun down the accused was “a right oneâ€.
Turning down emotional as he read out the contents mentioned in the Bill, “I
have been discussing with my Cabinet colleagues, members of my family and
friends for days. I began pondering, If I were to be a father whose daughter has
been molested and killed by men who turned into beasts, How would I react? I
want to make sure that such crimes do not happen in our State and that is why ,
we have brought out this Act.â€
Register
In addition to the special courts, the Chief Minister said that a “Women and
Children Offenders Registerâ€, in electronic form would be established which
would have complete details of the persons involved in specified offences.
Special police teams at district level would be constituted headed by a Deputy
Superintendent of Police.
Features
The main features of Andhra Pradesh Disha Act and Andhra Pradesh Special Courts
for Specified Offences against Women and Children's Act, 2019, that have been
passed by the Legislative Assembly on Friday are:
Setting up of exclusive special sessions courts in every district to expedite
trial in cases dealing with specified offences under Sections 326A, 326B, 354,
354A, 354B, 354C, 354D, 354E, 354F, 354G, 376, 376A,376B, 376C, 376D, 376DA, 376
DB, 376E and 509 of the Indian Penal Code and offences prescribed under
Protection of Children from Sexual Offences Act, 2012.
The State Government shall nominate a Sessions or Additional Sessions Judge or a
member of Andhra Pradesh Judicial Service and also appoint a special public
prosecutor, preferably a woman public prosecutor, to conduct cases.
The AP Disha Act- Criminal Law (Andhra Pradesh Amendment) Act, 2019 has
affected amendments to Indian Penal Code (1860) and added new sections, 354E —
to deal with cases relating to harassment of woman, which includes abuse on
social media platforms and making romantic overtures repeatedly to women.
Section 354F deals with crimes relating to sexual assault on children,
354G-aggravated sexual assault on children by those in uniformed service, public
servants etc. All these offences are cognizable and non-bailable. Those
convicted under section 354G ( aggravated sexual assault on children) can face
up to life imprisonment.
Punishment
The Act has also provisions to amend, sections 376, 376D and 376DA, dealing with
punishments in cases relating to rape and murder of a woman, awarding the F
capital punishment to those convicted in such offences.
The Act has provisions to amend Section 39 of Code of Criminal Procedure Code (Cr.P.C.)
and Section 173, to complete investigation and file a charge sheet within seven
working days from the date of filing the FIR. The Act has also amended section
309 of Cr.P.C to ensure that trial in such cases would be completed within 14
working days from the date of filing the charge sheet.
The section 374 of Cr.P.C has also been amended the period for disposal of
appeals against sentences passed under sections 376, 376A, 376B, 376AB, 376D,
376 DA, 376 DB, 376E from the existing six months to three months.
'Andhra Pradesh Disha Act 2019' Bill passed to ensure strict punishment in
crimes against women
VIJAYAWADA:Â The Andhra Pradesh Legislative Assembly on Friday passed the Disha
Bill — also known as the Andhra Pradesh Criminal Law (Amendment) Bill, 2019 —
and the Special Courts for
Women and Children Act 2019 Specified Offences against them.
Introducing the bills, Home Minister Mekathoti Sucharitha said the new Acts are
for ensuring speedy investigation, trial, and conviction in the cases of crime
against women and children.
“Investigation will be completed in 14 days and the culprits will be punished
in 21 days from the time the case is filed,†she explained.
The Home Minister said that to ensure speedy justice, in every district, a
fast-track court will be set up to deal with such cases.
Further, amendments have been made to the Indian Penal Code and Code of Criminal
Procedure to increase the quantum of punishments in crime against women and
children.
The amendment to Sec 376 E states that  - ‘Provided that whoever commits
offences under sections 354 F, 354 G, 376, 376 A, 376 AB, 376 D, 376 DA, 376 DB
or 376 E of the Indian Penal Code, which have the characteristic of being
heinous in nature and where adequate conclusive evidence is there and the
circumstances warrant exemplary punishment, he shall be punished with death.'
A new section 354E - Harassment of Women - was added to the IPC after Sec
354D.
This states that whoever annoys or causes distress - a sense of danger or alarm,
intimidation, fear, insult, shame or embarrassment to a woman by any act, deeds
or words including by abusing or causing or threatening to cause hurt, by
seeking to establish contact by personally approaching or contacting a woman by
telephone, email, social media platforms or in or through any other digital
mode, by sending unwanted or offensive communication in any form or by using
social media or electronic media in any form to defame or cause disrepute to a
woman or whoever forces or compels any woman to respond to any romantic
overtures by threatening to cause hurt or danger of any kind if such romantic
overtures are not reciprocated - shall be punishable on first conviction with
imprisonment for a term which may extend to two years, shall also be liable to
fine up to Rs 1 lakh and be punished on a second or subsequent conviction with
imprisonment for term which may extend to four years and shall also be liable to
fine up to Rs 5 lakh.
While extending support to the bills - Leader of Opposition N Chandrababu Naidu
cautioned the government to be careful and ensure innocent are not punished.
He recalled the remarks of Chief Justice of India Justice Sharad Arvind Bobde -
There can be no instant justice.
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