The recently passed Andhra Pradesh Disha Bill, 2019 – or the Andhra Pradesh Criminal Law (Amendment) Bill, 2019 – has sparked widespread interest. This legislation, formulated in response to a surge in crimes against women and children, significantly modifies provisions of the Indian Penal Code, 1860, and the Code of Criminal Procedure Act, 1973. It introduces the death sentence for perpetrators of rape and gang rape, among other significant changes.
Establishing a Digital Registry for Offenders
The Andhra Pradesh Government is responsible for establishing, operating, and maintaining a digital Women & Children Offenders Registry. The public nature of this database ensures its accessibility to law enforcement agencies. In contrast, the current National Registry of Sexual offenders used by the Government of India is neither digitized nor publicly accessible.
Implementing the Death Penalty and Reducing Judgment Period
Another significant change introduced by the Disha Bill is the exclusive use of the death penalty for crimes involving rape and murder of women, provided there is substantial conclusive evidence. Prior to this amendment, offenders charged with rape faced a static jail term translating to life imprisonment or, occasionally, the death sentence.
The new law also accelerates the judgment period to just 21 working days from the date of offence in cases of rape crimes with substantial conclusive evidence. This is a drastic reduction from the previous four-month judgment period defined under the Nirbhaya Act, 2013, and Criminal Amendment Act, 2018 (comprising two months each for investigation and trial periods).
Protection of Children and Punishment for Social Media Harassment
Under the Disha Bill, sexual offences against children warrant life imprisonment. This is a considerable increase from the POCSO Act, 2012, under which punishment for molestation or sexual assault on children ranged from a minimum of three years to a maximum of seven years of imprisonment.
Moreover, the new legislation criminalizes the harassment of women via email, social media, and other digital modes. The penalty for such actions is imprisonment, despite no similar provision existing in the current Indian Penal Code.
Investigation Related Provisions
One of the most significant procedural changes introduced by the Bill is the establishment of exclusive special courts in each district of the State. These courts are tasked with the expeditious handling of cases involving offences against women and children, including rape, acid attacks, stalking, voyeurism, social media harassment, sexual harassment, and all cases under the POCSO Act.
In addition, special police teams have been formed, and the appointment of a special public prosecutor in special courts has been mandated – measures that do not exist under current laws.
| Provision | Existing Laws | Disha Bill, 2019 |
| Offender Registry | Non-digital, Not Public | Digital, Public |
| Punishment for rape | Life Imprisonment or Death | Death Penalty |
| Judgment Period | Four months | 21 Working Days |
| Punishment for crimes against children | Three to seven years | Life Imprisonment |
| Harassment via Digital Modes | No Provision | Imprisonment |
| Special Courts and Prosecutors | No Provision | Established |
The Transformation of Criminal Justice in Andhra Pradesh
These changes mark a significant shift in the criminal justice landscape in Andhra Pradesh. The Disha Bill, 2019 brings with it stricter punishments and expedited judgment processes in a bid to provide swift justice to victims and deter potential offenders.
