Protection of Women under the BNS, 2023: A Critical Study of Criminal Liability and Victim Justice
Author
Neelam Vishwakarma
Abstract
The Bharatiya Nyaya Sanhita, 2023 (BNS), in force since 1 July 2024, replaced the Indian Penal Code, 1860 and, for the first time, gathered the offences against women into a single chapter placed ahead of offences against property and the State. This paper examines whether that re-ordering reflects a real change in how Indian criminal law protects women, or a re-numbering of a regime shaped over decades by the Criminal Law (Amendment) Acts of 2013 and 2018 and by Supreme Court directions. It studies the principal provisions on sexual offences, harassment, stalking, voyeurism, dowry death, matrimonial cruelty, acid attack and trafficking, together with the procedural safeguards in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) that determine whether a complainant can actually reach a remedy. It argues that the BNS adds a few meaningful provisions, notably on deceitful sexual relations and on disclosure of a victim's identity, but retains the structural limits that have most affected victims: the marital rape exception, the gendered framing of several offences, the debate over misuse of cruelty provisions, and the gap between prescribed punishment and actual access to justice. The paper concludes with reforms aimed at making criminal liability and victim justice work together.
Keywords
Bharatiya Nyaya Sanhita; women; sexual offences; domestic cruelty; victim justice; gender justice; BNSS.
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References
Statutes and constitutional provisions. Constitution of India, Articles 14, 15(3), 21 and 51A(e). Bharatiya Nyaya Sanhita, 2023, Chapter V and sections 115, 116, 124, 143 and 144. Bharatiya Nagarik Suraksha Sanhita, 2023, sections 173, 176, 183, 184, 193, 360, 366 and 395 to 397. Bharatiya Sakshya Adhiniyam, 2023. Indian Penal Code, 1860, sections 304B, 354 to 354D, 370, 375 to 376E, 498A and 509. Criminal Law (Amendment) Acts, 2013 and 2018. Protection of Women from Domestic Violence Act, 2005. Sexual Harassment of Women at Workplace Act, 2013. Immoral Traffic (Prevention) Act, 1956. Convention on the Elimination of All Forms of Discrimination against Women, 1979.
Cases cited.
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Case
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Citation
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Point
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Tukaram v. State of Maharashtra (Mathura)
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(1979) 2 SCC 143
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Custodial rape; consent and resistance
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Rupan Deol Bajaj v. K.P.S. Gill
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(1995) 6 SCC 194
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Outraging modesty
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Delhi Domestic Working Women's Forum v. Union of India
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(1995) 1 SCC 14
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Compensation and assistance to rape victims
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State of Punjab v. Gurmit Singh
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(1996) 2 SCC 384
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Sensitivity in trial; victim's testimony
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Bodhisattwa Gautam v. Subhra Chakraborty
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(1996) 1 SCC 490
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Rape and Article 21
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Vishaka v. State of Rajasthan
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(1997) 6 SCC 241
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Workplace sexual harassment
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Kans Raj v. State of Punjab
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(2000) 5 SCC 207
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Dowry death; "soon before"
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Uday v. State of Karnataka
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(2003) 4 SCC 46
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Consent and promise of marriage
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Raju Pandurang Mahale v. State of Maharashtra
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(2004) 4 SCC 371
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Modesty of a woman
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Preeti Gupta v. State of Jharkhand
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(2010) 7 SCC 667
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Misuse concerns, s. 498A
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Lillu v. State of Haryana
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(2013) 14 SCC 643
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Two-finger test
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Laxmi v. Union of India
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(2014) 4 SCC 427
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Acid attack
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Lalita Kumari v. Government of U.P.
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(2014) 2 SCC 1
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Mandatory registration of FIR
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Arnesh Kumar v. State of Bihar
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(2014) 8 SCC 273
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Arrest in cruelty cases
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Independent Thought v. Union of India
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(2017) 10 SCC 800
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Age in marital exception
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K.S. Puttaswamy v. Union of India
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(2017) 10 SCC 1
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Privacy and dignity
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Mukesh v. State (NCT of Delhi)
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(2017) 6 SCC 1
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Delhi gang rape
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Rajesh Sharma v. State of U.P.
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(2017) 8 SCC 746
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Cruelty complaints; safeguards
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Social Action Forum for Manav Adhikar v. Union of India
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(2018) 10 SCC 443
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Withdrawal of Rajesh Sharma directions
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Pramod Suryabhan Pawar v. State of Maharashtra
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(2019) 9 SCC 608
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False promise of marriage
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Nipun Saxena v. Union of India
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(2019) 2 SCC 703
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Identity of victims
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Mahender Chawla v. Union of India
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(2019) 2 SCC 375
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Witness protection scheme
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Satbir Singh v. State of Haryana
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(2021) 6 SCC 1
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Dowry death presumption
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Aparna Bhat v. State of M.P.
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2021 SCC OnLine SC 230
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Gender-sensitive bail conditions
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Kahkashan Kausar v. State of Bihar
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(2022) 6 SCC 599
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Omnibus allegations in cruelty cases
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Achin Gupta v. State of Haryana
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2024 INSC 369 (3 May 2024)
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Request to reconsider BNS ss. 85, 86
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Marital rape exception batch (including appeal from Karnataka High Court)
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Pending before the Supreme Court
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Validity of Exception 2 to s. 63 BNS
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Secondary sources consulted for recent developments.
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