Read New Legislation Introduced For Protection Of Women & Children

The Bhartiya Nyay Sanhita (BNS), 2023 has taken a significant step forward in the fight against crimes targeting women and children with the introduction of a new chapter dedicated to 'Offences against Woman and Child’. Placed prominently at the start of the statute as Chapter V, this move underscores the prioritization of addressing such offences.

Key provisions of the bill include

1. Section 69

Targets instances of sexual intercourse obtained through deceitful means, with offenders facing imprisonment of up to ten years along with fines.

2. Section 70

Eliminates age-based distinctions in cases of gang rape, treating all instances with equal severity. Notably, Section 70(2) introduces the death penalty for gang rape of women under 18 years of age, previously set at 12 years under section 376DB of IPC, aiming to emphasize the seriousness of the crime.

3. Section 82

Penalizes bigamy with imprisonment for up to seven years and fines, with stricter penalties for deliberate concealment of the offence during subsequent marriages.

4. Section 85

Imposes imprisonment for a minimum of three years, extendable to ten years, and fines for hiring, employing, or engaging children in criminal activities like sexual exploitation or pornography.

Other significant provisions include

• Introduction of electronic First Information Reports (e-FIRs) to expedite reporting of heinous offences.
• Invocation of all sections of POCSO in cases of rape committed against minors.
• Introduction of gender-neutral provisions in assault, use of criminal force, and voyeurism, with amendments replacing gender-specific terms to ensure inclusivity.

However, despite recommendations from a parliamentary panel, certain provisions have not been incorporated. Notably, there is no inclusion of provisions related to Section 377 of IPC, pertaining to unnatural sex against the order of nature, and Section 497, addressing adultery. The committee had emphasized the importance of including provisions for non-consensual sexual offences against individuals of all genders and acts of bestiality, which have not been addressed in the Bharatiya Nyaya Sanhita, 2023. 

The legislation marks a significant stride towards enhancing the safety and security of women and children, yet underscores the ongoing need for comprehensive legal measures to combat all forms of gender-based violence and exploitation.