5 Major changes brought out in the Bharatiya Nyaya Sanhita, 2023 regarding Sexual Offences against women and children.

1.Consolidation of Offences Against Women and Children

The offences against women and children, which were previously scattered across the Indian Penal Code, 1860, have been consolidated under Chapter V of the Bharatiya Nyaya Sanhita, 2023 (BNS, 2023).

2.New Offence: Sexual Intercourse on False Promises

• Provision: Section 69 of the BNS, 2023. (Sexual intercourse by employing deceitful means, etc)
• A new offence has been introduced for sexual intercourse obtained through:
  • False promises of marriage, employment, or promotion.
  • Suppression of identity.
• This provision aims to protect women’s rights by acting as a deterrent against deceitful practices used to obtain consent for sexual intercourse.

3.Punishment for Gang Rape of Minor Girls

• Provision: Section 70(2) of the BNS, 2023 (Gang Rape)
• S.376DA of IPC provided punishment of gang rape on woman under 16 years of age which could be imprisonment for life, and with fine.
  And S.376DB of IPC provided for punishment of gang rape on woman under 12 years of age which could be imprisonment for life and fine or with death.
• This age-based parameter for differential punishment for gang rape has been removed. And S.70(2) BNS provides for punishment for gang rape on a woman under 18 years of age which could be imprisonment for life and fine or death.

4.Gender-Neutral Provisions for Certain Offences

• Provisions: Sections 76 and 77 of the BNS, 2023.
  • Assault or use of criminal force to disrobe a woman. (S.76 BNS)
  • Voyeurism. (S.77 BNS)
• These offences have been made gender-neutral, addressing the involvement of women as perpetrators in such crimes.

5.Minimum Mandatory Punishment for Buying Child for Prostitution

• Provision: Section 99 of the BNS, 2023 (corresponding to Section 373 of IPC).
• A minimum mandatory punishment of 7 years imprisonment has been introduced for offences related to buying children for purposes of prostitution or similar activities.

References
EBC's Bharatiya Nyaya Sanhita, 2023