The young needs protection, and for them law is continuously being rectified. The Bharatiya Nyaya Sanhita (BNS), 2023 has replaced many provisions of the Indian Penal Code (IPC) and introduced a more structured approach to protecting women and children from crime. Recognizing the vulnerability of these groups, BNS dedicates a separate chapter to offences against women and children, highlighting the importance of their safety, dignity, privacy, and rights.
The law not only prescribes stricter punishments for serious offences but also aims to deter crimes through enhanced legal protections. This article provides a detailed explanation of the major offences, punishments, and practical examples under BNS.
Who is a Woman?
Under BNS, a woman means a female human being of any age.
Who is a Child?
Generally, a child is any person below 18 years of age. However, certain offences prescribe specific age thresholds, such as:
- Under 12 years for abandonment-related offences.
- Under 10 years for kidnapping for theft.
What is Illicit Intercourse?
The term refers to sexual intercourse between persons who are not united by marriage or a legally recognized quasi-marital relationship.
Offences Against Women Under BNS
Section 74: Outraging the Modesty of a Woman
This offence occurs when a person assaults or uses criminal force against a woman with the intention of outraging her modesty or knowing that such conduct is likely to outrage her modesty.
Examples
- Pulling a woman’s dupatta in public.
- Touching a woman inappropriately without consent.
- Making threatening physical movements intended to violate her dignity.
Punishment
- Imprisonment from 1 year up to 5 years.
- Fine.
Important Feature
This provision is gender-neutral because it uses the term “whoever.” Therefore, even a woman may be prosecuted for outraging another woman’s modesty.
Section 79: Insulting the Modesty of a Woman
Unlike Section 74, this offence does not require physical force. It covers verbal, visual, or gestural acts intended to insult a woman’s modesty.
Examples
- Making obscene remarks.
- Using vulgar gestures.
- Showing indecent images.
- Entering a washroom while a woman is using it.
- Intruding upon a woman’s privacy.
Punishment
- Simple imprisonment up to 3 years.
- Fine.
Difference Between Sections 74 and 79
| Section 74 | Section 79 |
|---|---|
| Requires assault or criminal force | No physical force required |
| More serious offence | Comparatively less serious |
| Punishment up to 5 years | Punishment up to 3 years |
| Physical violation | Verbal, visual, or privacy-related violation |
Section 75: Sexual Harassment
This provision specifically applies to acts committed by a man against a woman.
Acts Constituting Sexual Harassment
- Unwelcome physical contact.
- Sexual advances.
- Demand for sexual favors.
- Showing pornography against a woman’s will.
- Making sexually coloured remarks.
Examples
- Repeatedly asking for sexual favors in exchange for professional benefits.
- Sending sexually explicit messages.
- Passing offensive comments about a woman’s body.
Punishment
Serious Acts
- Rigorous imprisonment up to 3 years.
- Fine.
- Or both.
Sexually Coloured Remarks
- Imprisonment up to 1 year.
- Fine.
- Or both.
Section 76: Assault or Use of Criminal Force with Intent to Disrobe
This is considered more serious than outraging modesty.
Examples
- Attempting to forcibly remove a woman’s clothes.
- Public stripping or attempted stripping.
- Assaulting a woman with the intention of making her naked.
Punishment
- Imprisonment from 3 years to 7 years.
- Fine.
Section 77: Voyeurism
Voyeurism involves watching, capturing, recording, or distributing images of a woman engaged in a private act without her consent.
What Constitutes a Private Act?
A private act includes situations where:
- A woman is using a washroom.
- A woman is in a trial room.
- A woman is changing clothes.
- A woman’s private body parts are exposed.
- A sexual act occurs in circumstances where privacy is expected.
Examples
- Hidden cameras in changing rooms.
- Recording a woman in a washroom.
- Sharing private images without consent.
Punishment
First Conviction
- Imprisonment from 1 year to 3 years.
- Fine.
Subsequent Conviction
- Imprisonment up to 7 years.
- Fine.
Section 78: Stalking
Stalking occurs when a man repeatedly follows or contacts a woman despite her clear indication of disinterest.
It also includes monitoring her online activities.
Examples
- Following a woman daily after she has objected.
- Repeated calls and messages despite refusal.
- Monitoring social media activity.
- Creating fake accounts to contact her.
Punishment
First Conviction
- Imprisonment up to 3 years.
- Fine.
Subsequent Conviction
- Imprisonment up to 5 years.
- Fine.
Exceptions
Stalking may not constitute an offence when:
- Conduct is necessary for preventing or detecting crime.
- It is authorized by law.
- The act is reasonable and justified under the circumstances.
Example: Following someone solely to return a lost wallet.
Acid Attack Under BNS
Acid attacks are among the most serious offences against women.
Examples
- Throwing acid on a woman after rejection.
- Attempting to disfigure a victim through corrosive substances.
Punishment
- Minimum 10 years imprisonment.
- May extend to life imprisonment.
- Fine sufficient to cover medical expenses of the victim.
Cruelty by Husband or Relatives (Section 85)
This provision addresses domestic violence and dowry-related harassment.
Examples
- Physical abuse.
- Emotional abuse.
- Constant harassment for dowry.
- Mental cruelty leading to severe emotional trauma.
Punishment
- Imprisonment up to 3 years.
- Fine.
Rape and Gang Rape Under BNS
The BNS continues to provide stringent punishment for sexual offences.
Punishment for Rape
- Minimum imprisonment of 10 years.
Punishment for Gang Rape
- Minimum imprisonment of 20 years.
Gang Rape of a Minor
- Life imprisonment.
- In certain circumstances, death penalty.
Offences Against Children Under BNS
Section 93: Abandonment of a Child
This section applies when a parent or guardian abandons a child under 12 years.
Examples
- Leaving a child in a deserted area.
- Abandoning a child in a public place with no intention of returning.
Punishment
- Imprisonment up to 7 years.
- Fine.
- Or both.
If the Child Dies
The offender may face charges for murder or culpable homicide.
Section 94: Concealment of Birth
This offence involves secretly disposing of the body of a child to conceal the fact of birth.
Punishment
- Imprisonment up to 2 years.
- Fine.
- Or both.
Section 95: Employing Children for Criminal Activities
This provision punishes those who exploit children for criminal activities.
Examples
- Using children for theft.
- Employing minors in drug trafficking.
- Using children in pornography.
Punishment
- Imprisonment from 3 years to 10 years.
Section 96: Procuration of a Child
This section criminalizes inducing a child to leave a place for sexual exploitation.
Examples
- Luring a child with false promises.
- Recruiting minors for sexual exploitation.
Punishment
- Imprisonment up to 10 years.
- Fine.
Section 97: Kidnapping a Child Under 10 Years for Theft
This offence specifically targets kidnapping for stealing property from a child.
Examples
- Abducting a child to steal jewellery.
- Kidnapping a child to remove valuable ornaments.
Punishment
- Imprisonment up to 7 years.
- Fine.
Section 98: Selling a Child
Selling, hiring, or otherwise disposing of a child for prostitution or illicit intercourse is a serious offence.
Examples
- Selling a child to a brothel.
- Trafficking minors for sexual exploitation.
Punishment
- Imprisonment up to 10 years.
- Fine.
Section 99: Buying a Child
Buying or obtaining possession of a child for prostitution or sexual exploitation attracts even stricter punishment.
Punishment
- Minimum 7 years imprisonment.
- May extend to 14 years.
- Fine.
Why Reporting Minor Crimes Matters
Legal experts often emphasize that serious crimes frequently begin with seemingly minor acts such as:
- Verbal harassment.
- Stalking.
- Inappropriate comments.
- Privacy violations.
Timely reporting helps law enforcement intervene before offenders escalate their criminal behavior.