Changes in Laws Against Sexual Offences in BNS - its legal implications

Authors: PATEKAR MANOJ BHIMRAO, Amol Balwant Shinde, Ashish Mohan Pathak

DOI: 10.18231/j.ijfmts.12709.1943832181

Keywords: Bharatiya Nyay Samhita (BNS), Sexual offences,rape, Consent,Punishment

Abstract: The Bharatiya Nyaya Sanhita (BNS) 2023 has made a remarkable shift in India's legal system, changing the colonial-era Indian Penal Code (IPC) 1860. This review article critically analyses the BNS's broad-minded and victim-centric approach to sexual offenses. It explores into key legislative modifications, including the expanded definition of rape under Section 63, the particular circumstances for invalid consent in Section 28, and a classified, graded punishment framework outlined in Sections 64-71. The article highlights noteworthy reforms concerning age, particularly raising the age of consent for a married female within the marital rape exception from 15 to 18 years, and the overview of new offenses like "sexual intercourse by deceitful means." The review recognizes the legal implications of these modifications on prosecution and judicial understanding while finding hardships for enactment, such as the essentiality for wide education and a social mindset deviation. The BNS is considered as a foundational, futuristic law, pointing for a more judicious response to sexual offences in India.