Offences against Women and Children: Bharatiya Nyaya Sanhita

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. 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.

Section	Offence	Description	Punishment
Section 64	Punishment for Rape	Committing rape; enhanced punishment for specific situations (e.g., police officer, victim is pregnant, crime during communal violence, etc.).	Minimum 10 years to life imprisonment (natural life); fine. Enhanced punishment for specific situations: 10 years to life imprisonment (natural life); fine.
Section 65	Punishment for Rape of Minors	- Victim under 16 years: Minimum 20 years imprisonment.  - Victim under 12 years: Minimum 20 years, extendable to life imprisonment or death penalty.	- Under 16: Minimum 20 years to life imprisonment.  - Under 12: Minimum 20 years to life imprisonment or death penalty. Fine for medical and rehabilitation expenses.
Section 66	Causing Death or Persistent Vegetative State	If the victim dies or is left in a vegetative state as a result of rape.	Minimum 20 years imprisonment, extendable to life imprisonment (natural life) or death penalty.
Section 67	Marital Rape During Separation	Sexual intercourse with wife without consent while living separately.	Imprisonment for 2 to 7 years and fine.
Section 69	Sexual Intercourse Through Deceit	Engaging in sexual relations by deceitful means (e.g., false promises of marriage or job).	Imprisonment up to 10 years and fine.
Section 73	Assault or Force with Intent to Outrage Modesty	Assault or use of criminal force against a woman intending to outrage her modesty.	Imprisonment for 1 to 5 years and fine.
Section 74	Sexual Harassment	- Unwelcome physical contact, sexual advances, or demands for favors.  - Showing pornography against the will of a woman.  - Making sexually colored remarks.	- For physical contact or demands: Up to 3 years imprisonment, fine, or both.  - For sexually colored remarks: Up to 1 year imprisonment and fine.
Section 76	Voyeurism	Watching or capturing images of a woman engaging in a private act without consent.	- First conviction: 1 to 3 years imprisonment and fine.  - Subsequent offences: 3 to 7 years imprisonment and fine.
Section 77	Stalking	- Following or attempting repeated contact despite disinterest.  - Monitoring online activities or communications.	- First conviction: Up to 3 years imprisonment and fine.  - Repeat offence: Up to 5 years imprisonment and fine.
Section 78	Insulting a Woman's Modesty	Using words, gestures, or objects to insult a woman's modesty or intrude upon her privacy.	Imprisonment up to 3 years and fine.

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