The Andhra Pradesh Criminal Law (Amendment) Act 2019 [Disha Bill, 2019] was enacted to guarantee severe discipline in violations against women. This Bill has been drafted to accelerate the preliminary procedure for serious violations submitted against women, youngsters and children. Chief Minister Y.S. Jagan Mohan Reddy, named this Bill as a ” revolutionary step ” in guaranteeing equity in inexcusable violations but then once more, and he also added that the choice of Telangana police to firearm down the accused was “a correct one”. The proposed new law has been so-called the ‘Andhra Pradesh Disha Act Criminal Law (AP Amendment) Act, 2019, as a tribute to the veterinary specialist assaulted and killed in Telangana. Criminal Law (Andhra Pradesh Amendment) Act, 2019 has influenced corrections to Indian Penal Code (1860) and included new areas, 354E, Section 354F, 354G. The Act has additional provisions to amend, sections 376, 376D and 376DA. The Act has measures to amend Section 39, 173, 309 of Code of Criminal Procedure Code (Cr.P.C). The section 374 of Cr.P.C has additionally been altered under section 376, 376A, 376B, 376AB, 376D, 376 DA, 376 DB, 376E
HISTORY BEHIND THE BILL.
Disha is the name given to a veterinarian who was raped and killed in Hyderabad on November 27. She was allegedly snatched by four men who offered to assist her with fixing her bike’s punctured tire. The body of Disha was discovered copied around 30 km away at an underpass close Shadnagar on the NH-44. Investigations uncovered that the four arranged the kidnapping by puncturing her bicycle’s tire. The four blamed were captured in the midst of far reaching fights the country overlooking for equity for the person in question and were executed in an experience. On the morning of December 6, the Cyberabad police shot every one of the four charged in an experience stating that they attempted to assault the police power while they were leading a remaking of the wrongdoing scene. Andhra Pradesh chief minister YS Jagan Mohan Reddy conveyed a sensitive speech and vowed to table enactment in the progressing get together meeting to guarantee more grounded discipline and expedient removal of cases, particularly in instances of wrongdoings against females. Later started off a national shock of the 26-year-old veterinarian in Hyderabad by which, Andhra Pradesh turned into the principal State to sanction a law planned for granting death penalty to the individuals accused in determined offenses against females and also to speed up preliminary investigation in such cases within 21 days of carrying out the wrongdoing.
SECTIONS AMENDED IN THE INDIAN PENAL CODE
In Section 8 of the Indian Penal Code, for the words ”male or female”, the words ‘male, female or transgender” was substituted. Addition of new Section 8A which stated Modesty is an attribute which attaches to the personality with regard to commonly held belief of morality, decency and integrity of speech and behavior, in any man, woman or a transgender.
Three new Sections 354E, 354F and 354G will be added to the IPC that characterize provocation of females, rape on youngsters and aggrevated rape on kids separately. The areas 376 (Rape), 376D (intercourse by any individual from the administration or staff of a clinic with any lady in that medical clinic) and 376DA (Gang Rape on a woman below 16 years) will be revised to incorporate the capital punishment.
It has prescribed death sentence for rape crimes where there is adequate conclusive evidence by amending section 376 of IPC.
Another New Section 354E on Harassment was added to the IPC after Sec 354D which expresses that in instances of harassing of women through social or progressive digital mass media, will be culpable on first conviction with imprisonment for a term which may extend up to two years, and will likewise be obligated to fine up to Rs 1 lakh and be rebuffed on a second or consequent conviction with imprisonment for term which may stretch out to four years and will likewise be at risk to fine up to Rs 5 lakh.
SECTIONS AMENDED IN THE CODE OF CRIMINAL PROCEDURE
The decrease of the time for appeal to 3 months for disposal of assault and rape case situations where at present, the period for disposal of request arguments identified with assault bodies of evidence against women and adolescents is half a year. In the Andhra Pradesh Disha Act, 2019, the period for disposal of appeal cases has been decreased to a quarter of a year. Also, under the Sections 374 and 377 of Code of Criminal Procedure Act, 1973 modifications are being made.
The current judgment time frame according to the Nirbhaya Act, 2013 and Criminal Amendment Act, 2018 is 4 months (two months of examination period and two months of time for testing). According to this Andhra Pradesh Disha Act 2019, the judgment presently must be articulated in 21 working days from date of offense in instances of assault violations with significant definitive proof.
The scrutiny or enquiry will be finished in seven working days and preliminary will be finished in 14 working days. For this, modifications have been made to Section 173 and Section 309 of the Code of Criminal Procedure Act, 1973 and by means of the presentation of extra clauses in the Act.
NEW THINGS ESTABLISHED AND ITS DIFFERENCE FROM OTHER LEGISLATIONS
The government of India has introduced a registry for women and children offenders wherein a National Registry of Sexual offenders with the database is made which is not digitalized and is not available to the people. Subsequently, this 2019 bill will also determine, function and uphold a register in e-form, so-called the ‘Women & Children Offenders Registry’ which will be made public and will be obtainable to law execution organizations.
Exclusive special courts in each district of Andhra Pradesh is brought under this bill, where the government will institute these courts for ensuring speedy trial which will solely deal with cases of offences against women and children together with all cases under the POCSO Act. Also, the ‘Andhra Pradesh Special Courts for Specified Offences against Women & Children Act, 2019′ has also been set up by the Andhra Pradesh Government.
The Andhra Pradesh government has made provisions for the Composition of special police teams and appointment of the special public prosecutor in special courts whereby at the district level to be controlled by DSP for investigation of offences related to women and adolescents and juveniles, there are compositions of special police teams to be called District Special Police Team and also a special public prosecutor for each exclusive special court will be chosen.
The main problem has all the earmarks of being
the time taken in the last removal of instances of assault and murder hence,
this demonstration will assist with correcting the deferral in legal procedure.
The demonstration will empower central government just as different states to
order such sort of sections in the current law. It will help in decreasing
wrongdoing identified with women and children and adolescents.
 Section 2 of the Criminal Law (Amendment) Bill, 2019
 Section 3 of the Criminal Law (Amendment) Bill, 2019
 Section 12 of the Criminal Law (Amendment) Bill, 2019
ABOUT THE AUTHOR
Shalini Ramachandran, 5th Year, Tamil Nadu Dr. Ambedkar Law University.