The 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, allow the establishment of exclusive special sessions courts in each district to deal with crimes against women and children.
The special sessions courts will expedite the 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.
Judicial officers
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 trials. The AP Disha Act- Criminal Law (Andhra Pradesh Amendment) Act, 2019 has effected amendments to Indian Penal Code (1860) and added new sections, 354E — to deal with cases relating to harassment of women, which includes abuse on social media platforms and making romantic overtures repeatedly to women.
Non-bailable offence
The Section 354F deals with crimes relating to sexual assault on children, 354G-aggravated sexual assault on children by those in uniformed service, public servants and etc. All these offences are cognizable and non-bailable. Those convicted under Section 354G ( aggravated sexual assault on children) can face punishment up to life imprisonment.
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 capital punishment to those convicted in such offences.
The Act has provisions to amend Section 39 of Code of Criminal Procedure Code (CrPC) 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 CrPC to ensure that trial in such cases would be completed within 14 working days from the date of filing the charge sheet.
Disposal of appeals
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.
