Author: Priyanka Vijay Pawar, Dr Babasaheb Ambedkar Memorial College of Law, Dhule
To the Point
The Bhartiya Nyaya Sanhita, is came into existence to modify the old law Indian Penal Code. There are few sections under BNS, which talked about women and defined punishment as well. Women determined the vulnerable section in the society and their safety is most vital to protect them from evil eyes in the society and provide them justice. Whenever it comes to the safety of women there must be law in every country to protect there women from harassment, molestation , outrage of modesty and so on. If a woman get harassed by someone and it is intolerance then it must be counted as a crime because crime is crime either with intention or without intention.
Abstract:-
Bhartiya Nyaya Sanhita,2023, was came into existence pn 1st July,2024 and it is a new form of IPC ( Indian Penal Code). It has removed some unnecessary sections and added some important sections,there are few sections which explained the crimes against women and punishment for those crimes are also given. These sections are there to prevent these crimes against women and give them justice from time to time. Our judiciary system is also transparent and its role is so vital in providing justice. In the Chapter V of BNS they explained the sections regarding women in sections 63, 75, 72, 82, 143, 85, 79, etc. These sections are explained briefly further, let’s take a glimpse on these sections respectively.
Use of Legal Jargon:-
When there is an infringement of women’s status , then law must be there to forbid these tortures with women and make sure that every woman shall get justice and maintain the trust of people upon law . There are sections under BNS ( Bhartiya Nyaya Sanhita) which explained below and they are:-
Rape( Section 63):-
Section 63 under BNS defined the term Rape and rape is determined as an unnatural offence with the women or girls and there is a punishment for offender is given under section 64.
Marrying again while legally married (Section 82):-
This section says about both men and women. When husband or wife is already legally married or performed marriage and still he or she performed second marriage (in the existence of spouse) then it is also determined against law.
Human Trafficking (Section 143) :-
Section 143 of BNS,2023 provided punishment of life imprisonment for offence of human Trafficking. This offence includes trafficking of child (girls and boys)
Section 144, this provides punishment for sexual exploitation of the children who were trafficked.
Cruelty (Section 85):-
Section 85 defines cruelty under BNS. When a affected by or molested by her husband or his family with cruel actions, in this term they shall be liable for punishment.
Sexual Harrassment (Section 75):-
When a woman gets harassment sexually by a man who forcefully intends to hurt her body sexually or demand or request for the favours which resulted to sexual Harrassment, then a man shall be liable for punishment.
The Proof:-
The Bhartiya Nyaya Sanhita ,2023 defines many terms and women related sections are also described to prevent the offences against women. This is the codified law which consists the sections briefly with vast and deep meaning, when it comes to protection of women, so the law makers have mentioned the sections with deep study to signify them in appropriate manner.
Some of the sections which defines offences and their punishments , they are given below respectively:-
Section 63 defines Rape and Section 64 is about punishment of offence of rape.
Cruelty this offence explained in section 85 and punishment of this section is explained in section 86.
Sections between 74 to 79 of BNS defined the offences and punishments related to an offense of assualt and criminal force against women.
Case laws
There are case laws given which relates to the offences against women, which based on the judgment.:-
Vishakha V. State of Rajasthan (1997):-
‘Vishakha’ this name was of a group of women used to work in this NGO which were led by Naina Kapur. The PIL was filed by a woman named Sakshi against the State of Rajasthan. This petition was filed for Bhairavi Devi , who was a social worker in Rajasthan, and later she was trapped by a gang and was brutally raped by a gang , because she was there to stop child marriage.
Nirbhaya Case, Delhi (December 2012):-
Delhi gang rape this is also known as Nirbhaya Case in which a girl was brutally gang raped including minor. In this case assault by the gang with hazardous tools used to harm that girl and later the girl was died and this mourn was raised all over the country. The offenders gave punishment of imprisonment by the honorable court .
Conclusion
India is known as the country of diversity, also known for unity of the people. When nation or integrity is there , crime also there as a thread behind needle. And that’s why law came into existence to protect there people from harmful action and deeds. Whenever a person get deprived from his right or affected by any sinful act then law is there to protect that person and to prevent that offence.
FAQS
How to define Rape?
When a man is forcefully penetrate his penis into vagina of any girl or woman and damage the uterus then this sinful and unnatural actions called offence of rape
What is Cruelty ?
It is nothing but domestic violence. When husband or his family (not friends) harms the dignity of woman or harm the body of that woman and injured her physically as well as mentally then this act know for cruelty.
What is Sexual Harassment ?
It is universal issue regarding women. When a woman working at workplace then sometimes her seniors demand for favour from her to make increment in her position. Sometimes against the will of that woman a man or her senior or colleagues gives her trauma to come close physically and that’s how sexual harassment happens more often.
