Garlands, Grief and the Gavel

The Bharatiya Nyaya Sanhita (BNS), 2023, marks a significant legislative reform in India’s criminal justice system, aimed at modernising and consolidating substantive criminal law in alignment with contemporary social realities. Among its important provisions are the provisions dealing with criminal force and assault against women and offences relating to marriage, which reflect the nation’s evolving stance on the protection of women’s rights, bodily autonomy, and dignity within both public and private spheres.

These provisions encompass a wide range of offences, from physical assaults with intent to outrage modesty, to sexual harassment, voyeurism, stalking, dowry deaths, and deceitful marital conduct. By criminalising not just overt violence but also psychological and coercive behaviours, the BNS provides a nuanced and comprehensive framework to ensure accountability and deterrence in cases of gender-based crimes and exploitation in matrimonial contexts.

What is the punishment for assaulting or using criminal force against a woman with intent to outrage her modesty?

The punishment is imprisonment of either description for a term not less than one year, which may extend to five years, and also liability to fine.

What constitutes sexual harassment by a man?

Sexual harassment is committed if a man engages in any of the following acts:

• physical contact and advances involving unwelcome and explicit sexual overtures;
• a demand or request for sexual favours;
• showing pornography against the will of a woman; or
• making sexually coloured remarks.

The punishment for the first three acts is rigorous imprisonment for a term which may extend to three years, or with fine, or with both. The punishment for the fourth act is imprisonment of either description for a term which may extend to one year, or with fine, or with both.

What is the punishment for assaulting or using criminal force against a woman with intent to disrobe?

The punishment is imprisonment of either description for a term not less than three years, which may extend to seven years, and also liability to fine.

What acts constitute voyeurism and what are the punishments?

Voyeurism is committed by watching or capturing the image of a woman engaging in a private act where she expects privacy, or disseminating such image. On first conviction: imprisonment of either description for a term not less than one year, which may extend to three years, and also liable to fine. On second or subsequent conviction: imprisonment of either description for a term not less than three years, which may extend to seven years, and also liable to fine.

Is dissemination of captured images without consent an offence even if the woman consented to the capture?

Yes, if the victim consents to the capture but not to dissemination, the dissemination constitutes an offence.

What constitutes the offence of stalking?

Stalking is committed when a man:

• follows and repeatedly contacts or attempts to contact a woman despite her clear disinterest; or
• monitors her use of internet, e-mail, or other electronic communication.

When does such conduct not amount to stalking?

It does not amount to stalking if:

• it was for preventing or detecting crime and the accused was officially responsible for this;
• it was done under law or to comply with legal requirements;
• the conduct was reasonable and justified in the given circumstances.

What are the punishments for stalking?

On first conviction: imprisonment of either description for a term which may extend to three years, and also liable to fine. On second or subsequent conviction: imprisonment of either description for a term which may extend to five years, and also liable to fine.

What is the punishment for uttering words or making gestures intended to insult the modesty of a woman?

The punishment is simple imprisonment for a term which may extend to three years, and also with fine.

What is dowry death and when is a husband or relative deemed to have caused it?

Dowry death is when a woman dies due to burns, bodily injury, or under suspicious circumstances within seven years of marriage, and was subjected to cruelty or harassment for dowry by her husband or his relatives soon before her death. In such cases, the husband or relative is deemed to have caused her death.

What is the punishment for committing dowry death?

The punishment is imprisonment for a term not less than seven years, which may extend to imprisonment for life.

What is meant by dowry?

Dowry refers to any property or valuable security given or agreed to be given in connection with a marriage. Customary gifts or payments not related to marriage ceremonies do not fall within its ambit.

What are the essential ingredients of dowry death?

• Death occurring under unnatural circumstances within 7 years of marriage;
• Cruelty or harassment soon before death in connection with dowry demand.

What does the term soon before imply in dowry death cases?

It is a relative term assessed on a case-by-case basis, not synonymous with immediately before, and not confined to any strict time limit.

What is meant by death otherwise than under normal circumstances?

It refers to death occurring in suspicious circumstances not in the usual or expected course.

How are the words shown and deemed interpreted in dowry death cases?

Shown is interpreted as proved and deemed is interpreted as presumed.

What is the punishment for a man who deceitfully induces a woman to believe she is lawfully married to him and to cohabit with him?

The punishment is imprisonment of either description for a term which may extend to ten years and also liable to fine.

What is the punishment for marrying again during the lifetime of a spouse?

The punishment is imprisonment of either description for a term which may extend to seven years, and also liable to fine.

Are there any exceptions to the punishment for marrying again during a spouse’s lifetime?

Yes, if the earlier marriage has been declared void by a competent court, or the spouse has been absent for seven years and not heard of, provided the person informs the other party of these facts before the subsequent marriage.

What is the punishment for concealing a prior marriage when entering into a second marriage?

The punishment is imprisonment of either description for a term which may extend to ten years, and also liable to fine.

What is the punishment for fraudulently going through a marriage ceremony without being lawfully married?

The punishment is imprisonment of either description for a term which may extend to seven years, and also liable to fine.

What is the punishment for enticing or detaining a married woman with criminal intent?

The punishment is imprisonment of either description for a term which may extend to two years, or with fine, or with both.

What is the punishment for a husband or his relative subjecting a woman to cruelty?

The punishment is imprisonment for a term which may extend to three years, and also liable to fine.

What constitutes cruelty in the context of a woman being subjected to cruelty by her husband or his relatives?

Cruelty includes:

• Wilful conduct likely to drive the woman to suicide or cause grave physical or mental injury;
• Harassment with a view to coercing her or her relatives to meet unlawful demands for property or valuables.

What is the punishment for kidnapping or abducting a woman to compel her into marriage or illicit intercourse?

The punishment is imprisonment of either description for a term which may extend to ten years, and also liable to fine.

What is the punishment for inducing a woman through intimidation, authority, or compulsion to go to a place where she may be forced or seduced to illicit intercourse?

The punishment is the same as for kidnapping or abduction for marriage or illicit intercourse imprisonment of either description for a term which may extend to ten years, and also liable to fine.

Therefore, the Bharatiya Nyaya Sanhita, 2023, takes a robust and victim-centric approach in dealing with crimes against women, especially in the domains of personal safety and marital sanctity. The provisions related to criminal force and assault against women and marriage-related offences serve as a legal safeguard against a spectrum of gendered injustices, ensuring that women's rights are protected through stringent penalties and broader definitions of misconduct. By recognizing both physical and psychological dimensions of harm and emphasizing accountability in domestic and social relationships, the BNS reinforces the constitutional ideals of equality, dignity, and justice for women in India.

Muneeb Rashid Malik is an Advocate. He tweets @muneebmalikrash.