New Criminal Laws: BNS introduces tougher penalties, stronger victim rights for women, children
Srinagar, Nov 26: The Bharatiya Nyaya Sanhita (BNS), 2023, has, for the first time, placed crimes against women and children at the centre of the criminal justice framework. The overhauled law consolidates all related offences under a dedicated chapter and introduces tougher punishments and expansive victim protections—marking one of the most significant legal reforms in decades.
Under the new provisions, gang rape of a girl under 18 will now attract life imprisonment for the remainder of the convict’s natural life or the death penalty. The BNS removes earlier age-based distinctions for minor victims, creating a uniform standard of punishment for such crimes.
In a major expansion of the law’s scope, the BNS introduces a new offence covering sexual intercourse obtained by false promises—whether related to marriage, employment, promotion, or by concealing identity. This clarifies an area long marred by legal ambiguities.
The law also strengthens measures against human trafficking. Child trafficking will now carry a minimum sentence of ten years, extendable to life imprisonment. “Beggary” has been explicitly identified as a form of exploitation, broadening the definition of trafficking-related crimes. Hiring or using a child to commit an offence has been criminalised, carrying a penalty of seven to ten years in prison.
Beyond punitive provisions, the BNS mandates a series of victim-centric reforms aimed at making the justice system more accessible, transparent, and sensitive.
Victims can now file complaints online without visiting a police station. Zero FIR enables filing at any police station, irrespective of jurisdiction. A free copy of the FIR must be provided to victims, and police must give mandatory case updates every 90 days. Victims and accused must receive FIRs, charge sheets, statements, and other essential documents within 14 days. States are now required to implement the Witness Protection Scheme to safeguard witnesses in sensitive cases.
The law also establishes safeguards for vulnerable individuals: women, minors, senior citizens and persons with disabilities or acute illness cannot be compelled to appear at police stations.
Victim participation has been strengthened as the prosecution cannot withdraw a case without informing and involving the complainant.
Procedural reforms further aim to ensure dignity and fairness. Victim statements in rape cases must be recorded using audio-video technology to reduce trauma and enhance transparency. Sensitive statements should be recorded by a woman Magistrate, or in her absence, a male Magistrate in the presence of a woman official.
Medical professionals must submit examination reports within seven days to prevent delays in evidence processing. All hospitals are obligated to provide free first aid and medical treatment to victims of crimes against women and children.
The BNS also modernises procedural rules by allowing women to receive legal summons as eligible adult recipients—removing an outdated gender restriction.
Officials say the combined punitive and procedural reforms under the BNS aim to create a more responsive, victim-oriented criminal justice system that prioritises safety, dignity and accountability.
