NEW DELHI: What are the women and children-centric changes under the new laws?
Offences earlier were scattered, now have been grouped in Chapter V of Bhartiya Naya Sanhita (earlier IPC) for easy access.
Also more women and child friendly procedures under BNSS, ie Bharatiya Nagrik Suraksha Sanhita 2023, earlier Criminal Procedue Code, and Bharatiya Sakshya Sanhita 2023, (earlier Indian Evidence Act)
Key Provisions are as follows….
In “Deceitful Sexual Intercourse”,
1…Section 69, is a NEW section in BNS is on “Deceitful Sexual Intercourse”, stipulates up to 10 years imprisonment for engaging in sexual activity based on a false promise of marriage or other deceitful means.
Impact: This provision addresses serious issues of consent and manipulation by criminalizing deceitful means such as false promises of employment, promotion, or marriage by suppressing identity, thereby reinforcing consent, protecting autonomy, and protecting against exploitation by addressing power imbalance in hierarchical relationships.
The statement of the victim shall be recorded through audio-video
2…Procedure For Investigation
Section 176(1) of BNSS, Second Proviso – To provide more protection to the victim and enforce transparency in investigation related to an offence of rape, the statement of the victim shall be recorded through audio video means by police.
Impact: Enhances the reliability and integrity of the investigation process, protecting victims from potential manipulation or coercion. The Victim too will be responsible for what she said.
Statement to be recorded by a woman Magistrate
3…Recording of Confessions & Statements
183(6)(a) Proviso 1 – of BNSS For certain offences against women, statements of the victim are to be recorded, as far as practicable, by a woman Magistrate and in her absence a male Magistrate in the presence of a woman.
Impact: Provides a more comfortable and supportive environment for female victims, encouraging them to speak freely and reducing the trauma associated with recounting their experiences.
The Magistrate shall now record the statement of a witness
183(6)(a) Proviso 2 – of BNSS The Magistrate shall now record the statement of a witness in case of certain offences against women that are punishable with imprisonment for ten years or more or with imprisonment for life or with death.
Impact: Will save and protect evidence. Enhance convictions and deterrence.
4…Medical Examination of the Victim of Rape with time bound report.
Section 184(6) – of BNSS Medical practitioners are mandated to send the medical report of a victim of rape to the investigating officer within 7 days.
Impact: Ensures timely and efficient handling of medical evidence, which is crucial for the prosecution of rape cases.
5…Police Officer’s Power to Require Attendance of Women Witnesses
Section 179(1) First Proviso– of BNSS Exemption from attending the police station is given to a woman, a male person below 15 years, a person above 60 years (earlier than 65 years), a mentally or physically disabled person and a person with acute illness.
Further, a second proviso to subsection (1) is added to allow the persons mentioned in the exemption category to attend at the police station if he/she is willing so to do.
Impact: Protects vulnerable individuals from undue hardship and potential intimidation in police settings.
6…Power to Summon Persons
Section 195(1) Proviso – of BNSS Provides that no male person under the age of fifteen years or above the age of 60 years (65 years earlier) or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such male person or woman resides. In cases where such a person is willing to attend the police station, they may be allowed to do so.
Other Impacting changes benefitting women specifically and others generally
Changes in Information to the Police and their Powers to Investigate under the BNSS, Bharatiya Nagrik Suraksha Sanhita 2023, (BNSS)earlier Criminal Procedure Code)
7…Section 173(1) – of BNSS The provision of filing of Zero FIR has been introduced. Now, when information is received by the police that discloses the commission of an offence outside the limits of a police station, it shall be entered in the book to be kept by such officer.
The provision for lodging information through electronic communication (e–FIR) has been added with the enabling provision that the signature of the person giving such information shall be taken within 3 days before the e–FIR is taken on record.
Impact: Facilitates easier and quicker reporting of crimes, especially important in cases of domestic violence and sexual assault, leading to faster police response.
8…Section 173(2) – of BNSS The right of the victim to get a free-of-cost copy of FIR forthwith introduced.
• Police Report and Supply of Documents
Section 193(3)(ii) – of BNSS To make the law more victim-centric, it is mandated that the police officer must inform the progress of the investigation to the informant or victim within 90 days of the investigation. Technology has been included as a valid mode of communication for conveying this information to the victim/informant.
Impact: Ensures that victims are kept informed, providing them with a sense of control and involvement in the legal process.
9…Process to Compel Appearance
Section 66 – of BNSS Gender neutrality has been introduced and women have been included as adult members of the family for service of summons on behalf of the person summoned. The earlier reference to ‘some adult male member’ has been replaced with ‘some adult member’.
Impact: Recognizes the role of women in legal processes and ensures gender equality.
10…Changes for Maintenance of Wives, Children and Parents
BNSS also Introduces the inclusion of both father and mother in the proceedings for an order of maintenance from the place where the dependent parent resides.
Impact: This removed the difficulty which existed in the CrPC wherein in the case of parents, the place for initiation of the proceeding was the place of residence of their son. It provides a more accessible legal recourse for elderly parents, ensuring they receive necessary support. Bharatiya Nyaya Sanhita, 2023- (BNS)on WOMEN & CHILD RELATED PROVISIONS
Earlier Indian Penal Code,
11…Offences against women and children were scattered throughout in Indian Penal Code, of 1860. They have been consolidated under Chapter–V of the Bharatiya Nyaya Sanhita, 2023. Offences against women and children have been given precedence over other offences.
Here is a list of the changes that have been introduced:
12…New Provision- Section 95 of BNS, Hiring, employing or engaging a child to commit an offence. –
Whoever hires, employs or engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with a fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself.
Explanation.—Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section
13…Age Enhanced in Offence of Rape-
Under BNS: S. 63 Rape Exception 2.––Sexual intercourse or sexual acts by a man with his wife, the wife not being under eighteen years of age, is not rape.
14…Age and Punishment Enhanced for Gang Rape
Now, under BNS, Section 70- Gang Rape: As opposed to 16 years, where a woman under 18 years of age is gang-raped, the offence is punishable with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death. (added under BNS)
15…Gender Neutrality for both Victim and Offender/ Perpetrator
Offender- While the old definitions under IPC S.354B (Assault or use of criminal force to woman with intent to disrobe) and S. 354C (Voyeurism), included the term “any man”, the same provisions under BNS S.76 and 77 respectively now use the term “whoever”.
16…Victim- BNS u/S. 141 criminalizes the Importation of girls OR boys from a foreign country.
Impact: Recognizes that both men and women can be offenders, ensuring equitable application of the law.
17…Minor Girl Replaced with the term Child, which makes it gender neutral.
BNS S.96: Procuration of a child
18…Terms changed and Punishment Enhanced
BNS S. 99., Buying child for purposes of prostitution, etc. Punishable with imprisonment of either description for a term which shall not be less than seven years but which may extend to fourteen years, and shall also be liable to fine.
19…Kidnapping
BNS- whoever takes or entices any child
Knowing the new laws is both a responsibility of being an informed citizen.
Written by Kiran Bedi along with Prasha Bhatia, law student.