Srinagar Aug 19: The Bharatiya Nyaya Sanhita (BNS), which replaces the colonial-era Indian Penal Code (IPC), has introduced stringent new provisions to tackle modern crimes, especially those related to sexual violence and digital misconduct.
The new law reflects a more victim-centric and contemporary approach, with the inclusion of new definitions of crimes such as acid attacks, stalking, cyberstalking, doxxing, and identity theft, along with stricter penalties for sexual violence, particularly against minors.
Harsher punishments for sexual crimes involving minors
The sexual violence against girls under 18 now attracts life imprisonment or the death penalty, depending on the severity and circumstances of the crime. This measure reflects a firm stance against crimes targeting vulnerable children and aims to serve as a strong deterrent.
Previously, sexual crimes against minors were prosecuted under the Protection of Children from Sexual Offences (POCSO) Act, but the new provisions integrate these offences directly into the core penal framework. The death penalty will be applicable in cases involving aggravated sexual assault, such as repeated offences, gang rapes, or acts resulting in the victim’s death or permanent disability.
Gang Rape: Minimum 20 years or life imprisonment
The BNS prescribes a minimum of 20 years’ rigorous imprisonment or life imprisonment for gang rape, irrespective of the victim’s age. This departs from the earlier system, where the age of the victim often determined the minimum sentence. The law removes ambiguity and signals the state’s zero-tolerance policy toward collective sexual violence.
Marital Consent, age raised to 18
In a progressive shift, the age of consent for married women has been raised to 18, aligning it with the minimum legal age for marriage and other women’s rights frameworks. This provision directly challenges marital rape exemptions, a longstanding issue in Indian criminal law. While marital rape is still not explicitly criminalised, the age clause suggests a move toward recognising bodily autonomy within marriage, at least for minors.
Deception or False Promises of Marriage Made Punishable
The Sanhita now treats sexual relations obtained through false promises of marriage, deception, or emotional manipulation as criminal offences. Courts have historically prosecuted such acts under “cheating” or “rape” on a case-by-case basis. The new law codifies this pattern of exploitation, making it punishable with up to 10 years of imprisonment and a fine.
Recognition of modern crimes: stalking, cybercrime, and acid attacks
The BNS formally recognises cyberstalking, online harassment, and acid attacks as distinct and severe criminal offences:
Cyberstalking, revenge porn, and unauthorised sharing of intimate images will now attract imprisonment of up to 7 years, depending on severity.
Acid attacks, already recognised under special laws, are now brought under the central penal framework, with punishments ranging from 10 years to life, along with mandatory compensation for the victim.
Additional Provisions:
Identity theft and online impersonation have been defined and penalised for the first time in Indian law. Repeat offenders of sexual violence will face harsher minimum sentences and may be barred from bail. Witness protection, faster trials, and mandatory forensic investigation in sexual offence cases have also been proposed for systemic reform.