The Shakti Bill amends the Indian Penal Code, 1860 ("IPC"), the Code of Criminal Procedure, 1973 ("CrPC") and the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act") in the State of Maharashtra. It inserts and amends Sections pertaining to offences committed against women and children, with an object to curb sexual crimes committed against them.

Amendment to the Indian Penal Code, 1860

• Insertion of Section 166A (d) - This Section prescribes the punishment for a public servant who deliberately fails to obey the specific directions given by the police officer searching a closed space, during the course of investigation of certain offences like throwing or attempting to throw acid on a person (Sections 326A and 326B IPC) and rape and gang rape (Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E of IPC).
  
  Punishment - 6 months to 2 years rigorous imprisonment and fine.
   
• Insertion of Section 175A - This Section prescribes the punishment for any social media platform or internet or mobile telephone data provider including any intermediary or custodian that fails to share any data including document or electronic record with the Investigating Officer, as requested, within 3 working days from receiving the request, for the purpose of investigation of certain offences like throwing or attempting to throw acid on a person (Sections 326A and 326B IPC), outraging the modesty of a woman (Sections 354, 354A, 354B, 354C, 354D and 354E IPC) and rape and gang rape (Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E of IPC).
  
  Punishment - upto 3 months simple imprisonment or a fine of Rs. 25 Lakh, or with both.
   
• Insertion of Section 182A - This Section prescribes the punishment for any person who files a false complaint or provides false information against any person, in respect of certain offences like throwing or attempting to throw acid on a person (Sections 326A and 326B of IPC), outraging the modesty of a woman (Sections 354, 354A, 354B, 354C, 354D and 354E of IPC) and rape and gang rape (Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E of IPC) solely with the intention to humiliate, extort, threaten, defame or harass that person.
  
  Punishment - 1 year to 3 years simple imprisonment and a fine of up to Rs.1 Lakh. Cognizable and Bailable.
   
• Amendment to Section 228A - This Section that deals with the punishment for a person who discloses the identity of a victim in certain offences now includes offences of throwing or attempting to throw acid on a person (Sections 326A and 326B IPC), outraging the modesty of a woman (Sections 354, 354A, 354B, 354C, 354D and 354E of IPC), additional sections pertaining to rape and gang rape (Sections 376AB, 376DA and 376DB of IPC).
   
• Amendment to Section 326A - This Section that deals with the punishment for a person who discloses the identity of a victim in certain offences now includes offences of throwing or attempting to throw acid on a person (Sections 326A and 326B IPC), outraging the modesty of a woman (Sections 354, 354A, 354B, 354C, 354D and 354E of IPC), additional sections pertaining to rape and gang rape (Sections 376AB, 376DA and 376DB of IPC).
   
• Insertion of Section 354E - This Section prescribes the punishment for whoever (man or woman or transgender) intentionally does any act to create a sense of danger, intimidation or fear to a woman, in addition to insulting her modesty, by way of any act, deed or words including -
   
  1. offensive communication by telephone, email, social media platform or through any other electronic or digital mode of communication in a manner which is of lascivious or lewd nature; or
      
  2. threat to upload or disseminates any sound or video file including a real or fabricated depiction of any part of the body of that woman including the involvement of that woman in any sexual act through electronic or any other form of media; or
      
  3. use of social electronic media or any other media in any form to defame or cause disrepute to that woman; or
      
  4. use of that woman’s name, particulars, photographs or any other means of identification to directly or indirectly outrage her modesty or violate her privacy.
  
  Punishment - Imprisonment up to 2 years and a fine of up to Rs. 1 Lakh.
   
• Insertion of Section 376(2)(f-1) - This Section prescribes the punishment for whoever being on the management or employed by the management including staff or contractual employee for the purpose of providing security and maintenance of building or any public utility service inside building or within building complex whether regulated by law or otherwise, commits rape on a woman in such area.
   
• The Bill further provides for enhanced punishment for certain offences including death penalty, in consonance with the principles laid down by the Hon’ble Supreme Court. Below is a comparative table of the amendments:

Offences	Punishment under IPC	Amended Punishment
Section 326A Voluntarily causing grievous hurt by use of acid, etc.	10 years to life + fine i.e. just and reasonable to meet medical expenses of the treatment of the victim.	15 years to remainder of natural life + fine i.e. just and reasonable to meet medical expenses including expenses for plastic surgery and face reconstruction of the victim.
Section 326B Voluntarily throwing or attempting to throw acid	5 to 7 years + fine	7 to 10 years + fine
Section 376 (1) Rape	Rigorous imprisonment 10 years to life + fine	Rigorous imprisonment 10 years to life + fine or in cases where the characteristic of offence is heinous in nature and where adequate conclusive evidence is there and the circumstances warrant exemplary punishment, with death.
Section 376(2)	Rigorous imprisonment 10 years to remainder of person’s natural life + fine	Rigorous imprisonment 10 years to remainder of person’s natural life + fine or in cases where the characteristic of offence is heinous in nature and where adequate conclusive evidence is there and the circumstances warrant exemplary punishment, with death.
Section 376(3) Rape of a woman under 16 years of age	Rigorous imprisonment 20 years to remainder of person’s natural life + fine	Rigorous imprisonment 20 years to remainder of person’s natural life + fine or in cases where the characteristic of offence is heinous in nature and where adequate conclusive evidence is there and the circumstances warrant exemplary punishment, with death.
Section 376D Gang Rape	Rigorous imprisonment 20 years to remainder of person’s natural life + fine	Rigorous imprisonment 20 years to remainder of person’s natural life + fine or in cases where the characteristic of offence is heinous in nature and where adequate conclusive evidence is there and the circumstances warrant exemplary punishment, with death.
Section 376DA Gang Rape of a woman under 16 years of age	Imprisonment for remainder of person’s natural life + fine	Imprisonment for remainder of person’s natural life + fine or in cases where the characteristic of offence is heinous in nature and where adequate conclusive evidence is there and the circumstances warrant exemplary punishment, with death.

Amendment to the Code of Criminal Procedure, 1973

• Insertion of Section 37A - This Section makes it mandatory for every social media platform or internet or mobile telephony data provider, including any intermediary or custodian to share any data, including the document or electronic record to the Investigating Officer on demand, for the purpose of investigation of certain offences like throwing or attempting to throw acid on a person (Sections 326A and 326B IPC), outraging the modesty of a woman (Sections 354, 354A, 354B, 354C, 354D and 354E IPC) and rape and gang rape (Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E of IPC) or any offence punishable under the POCSO Act.
   
• Insertion of Section 39(v-1), (v-2) and (vb) - This Section provides for the public to give information of the commission of, or the intention of a person to commit certain offences which now includes offences like throwing or attempting to throw acid on a person (Sections 326A and 326B of IPC), outraging the modesty of a woman (Sections 354, 354A, 354B, 354C, 354D and 354E of IPC) and rape and gang rape (Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E of IPC).
   
• Insertion of a proviso in Section 100 (4) - This Section relates to a search being conducted by an Investigating Officer and now provides for the person conducting the search to call upon two public servants or two social workers recognized by the Women and Child Development Department of Government of Maharashtra, who are available in the locality in which the place to be searched is situated. Where, such public servants are not available despite diligent efforts, the person conducting the search shall, after recording in writing the same, follow the procedure provided in this sub-section. This proviso is in relation to certain offences like throwing or attempting to throw acid on a person (Sections 326A and 326B IPC) and rape and gang rape (Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E of IPC) and offences under the POCSO Act.
   
• Amendment of Section 164 (5A)(a) - This Section provides for a Judicial Magistrate to record the statement of a person against whom such offence has been committed, as soon as the commission of the offence is brought to the notice of the police, which now includes offences of throwing or attempting to throw acid on a person (Sections 326A and 326B IPC).
   
• Amendment of Section 320 - The new Section 354E that provides for intimidating a woman by ay mode of communication, in addition to insulting her modesty has been made compoundable.
   
• Amendment of Section 327 and insertion of proviso - This Section provides for the proceedings of certain offences to be carried in camera which now includes throwing or attempting to throw acid on a person (Sections 326A and 326B of IPC). The new proviso states that the in camera proceedings shall be held in the chamber of the Presiding Officer and every effort should be made to make the victim or vulnerable witness comfortable.
   
• The Bill further reduces the time for completion of investigation, trial, and disposal of appeal for certain offences throwing or attempting to throw acid on a person (Sections 326A and 326B IPC) and rape and gang rape (Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E of IPC). Below is a comparative table of the amendments:

Procedures	CrPC, 1973	Shakti Bill
Completion of investigation		30 working days
Completion of inquiry or trial from the date of filing of the charge sheet	2 months	30 working days
Period for disposal of appeal against sentence and conviction	6 months	45 days

Amendment to the Protection of Children from Sexual Offences Act, 2012

• Insertion of Section 2(n) - This Section adds a definition for the word “staff’ and defines it as any person appointed as regular, temporary, contractual employee or worker and includes any person provided by an outsourced agency that renders assistance of any kind.
   
• Amendment of Section 5(d) - This Section is amended to provide for the offence of penetrative sexual assault committed on a child by an inmate or resident of such jail, remand home, protection home, observation home, or other place of custody or care and protection.
   
• Amendment of Section 5(h) - This Section is amended to provide for the offence of penetrative sexual assault committed on a child using deadly weapons, fire, heated substance or corrosive substance or intoxicant; or
   
• Amendment of Section 5(j)(i) - This Section is amended to provide for the offence of penetrative sexual assault committed on a child which physically incapacitates the child or causes the child to have mental illness as defined under clause (s) of section 2 of the Mental Healthcare Act, 2017 or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently.
   
• Amendment of Section 9(d) - This Section is amended to provide for the offence of aggravated sexual assault committed on a child by an inmate or resident of such jail, remand home, protection home, observation home, or other place of custody or care and protection.
   
• Amendment of Section 9(h) - This Section is amended to provide for the offence of aggravated sexual assault committed on a child using deadly weapons, fire, heated substance or corrosive substance or intoxicant; or
   
• Amendment of Section 9(j)(i) - This Section is amended to provide for the offence of aggravated sexual assault committed on a child which physically incapacitates the child or causes the child to have mental illness as defined under clause (s) of section 2 of the Mental Healthcare Act, 2017 or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently.
   
• The Bill further provides for enhanced punishment for certain offences including death penalty, in consonance with the principles laid down by the Hon’ble Supreme Court. Below is a comparative table of the amendments:
   

Offences	Punishment under POCSO	Amended Punishment
Section 4 Penetrative Sexual Assault	7 years to imprisonment for life + fine	7 years to imprisonment for life + minimum Rs. 5 Lakh fine or in cases where the characteristic of offence is heinous in nature and where adequate conclusive evidence is there and the circumstances warrant exemplary punishment, with death.
Section 8 Sexual Assault	3 to 5 years + fine	5 to 7 years + fine
Section 10 Aggravated Sexual Assault	5 to 7 years + fine	7 to 10 years + fine

Thus, the Shakti Bill provides for a shorter timeline to conclude investigations, trials and appeals, enhanced punishments including death penalty for certain offences relating to women and children. The Bill introduces a penal provision applicable to persons who file false cases or furnish false information against any person solely with the intention to humiliate, extort, threaten, defame, or harass them in relation to certain offences. The Bill further introduces obligations on data intermediaries and custodians to share their data during investigations in relation to certain offences.

By - Lakshmi Raman