The enactment of the Bharatiya Nyaya Sanhita (BNS), which replaced the age-old Indian Penal Code, marks a significant shift in legal frameworks governing crimes, particularly those concerning women. Under the Indian Penal Code (IPC), offences against women, including rape, voyeurism, stalking, and outraging the modesty of a woman, are strictly prohibited. The Bharatiya Nyaya Sanhita (BNS) has introduced important updates to the legal framework concerning crimes against women, aiming to strengthen protections and address evolving challenges. Significant changes include raising the age for considering victims as minors in gang rape cases from 16 to 18 years, and criminalising sexual intercourse obtained through deceit or false promises. The latest provisions expand the scope of existing laws and introduce stricter penalties for certain offences, reflecting the commitment to enhancing women’s safety and rights.
This article outlines various provisions under the BNS that address crimes against women, offering a comprehensive look at the legal measures aimed at ensuring women's safety and rights.
1. Punishment for Rape (Section 64)
Anyone who commits the crime of rape shall be punished with rigorous imprisonment for a term of at least 10 years, which may extend to life imprisonment. In this context, life imprisonment refers to imprisonment for the offender's entire natural life. The offender may also be liable to pay a fine.
Enhanced Punishment in Specific Situations:
If the offender falls under any of the following categories, the punishment will be stricter:
(i) The offender is a police officer, public servant, member of the armed forces, or staff member of a jail or hospital.
(ii) The offender is a relative, guardian, or teacher of the victim.
(iii) The offence occurs during communal or sectarian violence.
(iv) The victim is known to be pregnant.
(v) The victim is incapable of giving consent due to a physical or mental disability.
(vi) The offender is in a position of control or dominance over the victim.
(vii) The crime results in grievous bodily harm, maiming, disfigurement, or endangers the life of the victim.
(viii) The offence is committed repeatedly on the same woman.
In these situations, the offender shall face rigorous imprisonment for a minimum of 10 years, which may extend to life imprisonment for the remainder of the offender's natural life, along with a fine.
2. Punishment for Rape of Minors (Section 65)
Victim Under 16 Years:
The punishment for raping a minor under the age of 16 is rigorous imprisonment for a minimum of 20 years, which may extend to life imprisonment for the offender's entire natural life. A fine shall be imposed to cover the victim's medical expenses and rehabilitation.
Victim Under 12 Years:
If the victim is below 12 years of age, the punishment is rigorous imprisonment for at least 20 years, potentially extending to life imprisonment or the death penalty. Any fine imposed must be used for the victim's medical treatment and rehabilitation.
3. Causing Death or Persistent Vegetative State (Section 66)
If a rape victim dies or is left in a persistent vegetative state as a result of the crime, the offender shall face rigorous imprisonment for at least 20 years, which may be extended to life imprisonment for the rest of their natural life or may even result in the death penalty.
4. Marital Rape During Separation (Section 67)
If a man has sexual intercourse with his wife without her consent while they are living separately, whether legally or otherwise, he shall be punished with imprisonment for a term ranging from 2 to 7 years, along with fines.
5. Sexual Intercourse Through Deceit (Section 69)
Engaging in sexual relations with a woman by employing deceitful means, such as making false promises of marriage or job offers, is punishable with imprisonment for a term that may extend to 10 years, along with fines. "Deceitful means" include false promises of employment, promotion, or marriage after concealing one's identity.
6. Assault or Force with Intent to Outrage Modesty (Section 73)
Anyone who assaults or uses criminal force against a woman with the intent to outrage her modesty shall face imprisonment for a term of 1 to 5 years, in addition to fines.
7. Sexual Harassment (Section 74)
Offences Covered:
Sexual harassment includes acts such as:
(i) Unwelcome physical contact and advances with explicit sexual overtones.
(ii) Requests or demands for sexual favors.
(iii) Showing pornography against the will of the woman.
(iv) Making sexually colored remarks.
Punishment:
For acts involving physical contact, demands for favors, or showing pornography, the punishment may extend to 3 years of imprisonment, fines, or both.
For making sexually coloured remarks, the sentence may extend to 1 year of imprisonment, along with fines.
8. Voyeurism (Section 76)
Punishable Acts:
Watching or capturing images of a woman engaging in a private act without her consent is considered an offence.
A "private act" includes situations where the woman has a reasonable expectation of privacy, such as using the restroom, being partially undressed, or engaging in intimate activities.
Punishment:
For a first-time conviction, the punishment is 1 to 3 years in prison, along with fines.
For subsequent offences, the sentence ranges from 3 to 7 years, along with fines.
9. Stalking (Section 77)
Acts Constituting Stalking:
Stalking includes:
(i) Following a woman or attempting to contact her repeatedly despite her clear indications of disinterest.
(ii) Monitoring her online activities or communications.
Exceptions:
The act may not be considered stalking if it is done to prevent or detect crime, in accordance with legal obligations, or under reasonable circumstances.
Punishment:
A first conviction can result in up to 3 years of imprisonment, while repeat offenders face up to 5 years in prison, in addition to fines.
10. Insulting a Woman's Modesty (Section 78)
Offence Description:
Using words, gestures, or objects intended to insult a woman's modesty, or intruding upon her privacy, is punishable.
Punishment:
The offender may face imprisonment for up to 3 years and may also be subject to fines.
Download the Bharatiya Nyaya (Second) Sanhita Act:
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