 bill no xxxiii  of 2006 the prevention of heinous crime and barbarous cruelty against women bill, 2006 a billto prevent barbarous cruelty against girls or women such as battering, killing by    strangulating after committing rape, chopping the body or burning the girls     or women alive and heinous crimes against the girls or women such as       committing gang rape, publicly stripping and parading naked or          raping pregnant woman resulting in her death or miscarriage                or forcing the girls and women into prostitution                  by providing deterrent punishment including                       capital punishment and for matters                            connected therewith and                               incidental thereto   be  it enacted by parliament in the fifty-seventh year of the republic of india asfollows:— 1  (1) this act may be called the prevention of heinous crime and barbarous crueltyagainst women act, 2006short title,extent andcommencement5(2) it extends to the whole of india(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions10(a) "appropriate government" means in the case of a state, the government of that state and in other cases the central government;(b) "barbarous cruelty" includes,—(i) committing rape on a girl or woman, as the case may be, and then killingher by battering, strangulating or by any other means;5(ii) after killing a girl or woman, as the case may be, disposing off her bodyby chopping into pieces or by burning or throwing at secluded place or nullah, river, canal or by burying;(iii) burning an alive girl or woman, as the case may be, leading to herdeath;(iv) killing a girl or woman, as the case may be, by way of gang rape;(c) "heinous crime" includes,—10(i) committing gang rape on a girl or woman; (ii) publicly stripping or parading naked in full public view of a girl orwoman;(iii) committing rape on a pregnant woman resulting in her death ormiscarriage;15(iv) forcing a girl or woman into prostitution;(d) "prescribed" means prescribed by rules made under this act; (e) "special court" means a special court established under section 445 of 1860203 (1) notwithstanding anything contained in the indian penal code, 1860 or any other law for the time being in force, whoever commits heinous crime or barbarous cruelty against any girl or woman, as the case may be, shall be punished with death(2) the offences under this act shall be tried by special courtspenalty for heinous crime or barbarous cruelty against womenconstitution of special courts254 (1) the appropriate government shall, in consultation with the chief justice of the concerned high court in the case of a state and the chief justice of india in other cases, by notification in the official gazette, constitute such number of special courts preferably to be presided over by women judges as it may deem necessary for the purposes of this act   (2) the set up of a special court constituted under sub-section (1) shall be such as may be prescribed2 of 19745 notwithstanding anything contained in the code of criminal procedure, 1973  an offence committed under this act shall be cognizable and non-bailable30offence to be cognizable and non-bailable6 notwithstanding anything contained in any other law for the time being in force no court other than a high court or the supreme court of india shall have the authority to grant anticipatory bail to any person accused of committing an offence under this actbar on granting anticipatory bail35power to remove difficulty7 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette make such provisions, not inconsistent with the provisions of this act as appears to it to be necessary or expedient for remove the difficultyact to have overriding effect408 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in force but, save as aforesaid, the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force relating to cruelty against womenpower to make rules9 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsgirls and women are vulnerable to exploitation and atrocities in the society sex starved maniacs sexually abuse them whenever they get an opportunity and commit rape on them however in many cases after committing rape on the hapless girl or woman she is killed brutally she is battered, stabbed or strangulated many a time one comes across horrifying news of chopping the body of a hapless girl or woman into pieces, stacked into a gunny bag, etc and thrown in the nearby jungle, nullah, river etc so as to eliminate the evidence many a time gangrape is committed on a woman and thereafter, she is killed and her body is disposed off many a time the girls and women are stripped and paraded naked in the full public view to take revenge similarly, barbarous atrocities are committed on a pregnant woman when she is raped resulting in her death or miscarriage many a time the woman is burnt alive for dowry or other reasons the girls and women are forced into prostitution this heinous and barbarous cruelty against the girls and women needs to be prevented by providing capital punishment it is also necessary that such offences should be tried by special courts headed by women judges which showed also be made cognizable and nonbailable it will certainly have the desired resultshence this billsushma  swaraj financial memorandumclause 4 of the bill provides for the constitution of special courts the bill if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty crores may involve as recurring expenditure per annuma sum of rupees twenty crores may also involve as non-recurring expenditure memorandum  regarding  delegated  legislationclause 9 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character————— a billto prevent barbarous cruelty against girls or women such as battering, killing by strangulating after committing rape, chopping the body or burning the girls or women alive and heinous crimes against the girls or women such as committing gang rape, publicly stripping and parading naked or raping pregnant woman resulting in her death or miscarriage or forcing the girls and women into prostitution by providing deterrent punishment including capital punishment and for matters connected therewith and incidental thereto————(shrimati sushma swaraj, mp)