As of recent developments, the Indian criminal law has undergone significant changes, with the introduction of three new bills in 2023 to replace the Indian Penal Code (IPC) of 1860, the Criminal Procedure Code (CrPC) of 1973, and the Indian Evidence Act of 1872. These are:
Bharatiya Nyaya Sanhita Bill, 2023 (BNS Bill)
Bharatiya Nagarik Suraksha Sanhita Bill, 2023 (BNSS Bill)
Bharatiya Sakshya Bill, 2023 (BS Bill)
These new bills aim to modernize India's criminal justice system. Here are some key sections related to women and children from these new laws:
This bill replaces the Indian Penal Code (IPC). Some key provisions related to women and children include:
Section 63: Outraging the modesty of a woman (replaces IPC Section 354).
Section 69: Sexual harassment (replaces IPC Section 354A).
Section 71: Assault or use of criminal force to a woman with intent to disrobe (replaces IPC Section 354B).
Section 75: Stalking (replaces IPC Section 354D).
Section 79: Acid attacks (replaces IPC Section 326A and 326B).
Section 100: Rape (replaces IPC Section 376).
Section 102: Punishment for gang rape (replaces IPC Section 376D).
Section 105: Cruelty by husband or relatives (replaces IPC Section 498A).
This bill replaces the Criminal Procedure Code (CrPC). It includes provisions for the protection of women and children during the criminal justice process:
Section 4: Police officers to assist women and children, ensuring their protection during legal processes.
Section 32: Special provisions for the recording of statements by women and children, ensuring a safe environment.
Section 70: Special courts for dealing with cases involving sexual offences against women and children.
This bill replaces the Indian Evidence Act. It contains provisions to protect the dignity and privacy of women and children during trials:
Section 53: Special procedures for taking evidence from women and children, ensuring that they are not subjected to harassment or intimidation.
Section 114: Provisions for protecting the identity of victims of sexual offences, especially children.
Section 119: Rules for the admissibility of electronic evidence in cases involving sexual offences, ensuring that digital evidence is handled with care.
Enhanced Penalties: The new laws propose enhanced penalties for crimes against women and children, reflecting the seriousness of such offenses.
Victim-Centric Approach: The laws incorporate a more victim-centric approach, particularly in cases of sexual violence, harassment, and domestic abuse.
Gender Sensitivity: Provisions are made to ensure gender-sensitive handling of cases, particularly during the investigation and trial phases.
These new bills are designed to streamline and strengthen the legal framework related to the protection of women and children, while also addressing some of the shortcomings in the existing laws. The changes reflect a modern approach to criminal justice, emphasizing the safety, dignity, and rights of vulnerable populations.