Section 85 of Bharatiya Nyaya Sanhita, 2023: The Successor to IPC Section 498A on Domestic Cruelty
India is experiencing a profound change in the landscape in terms of law with the creation of the Bharatiya Nyaya…
Keeping Pace with Legal Change
India is experiencing a profound change in the landscape in terms of law with the creation of the Bharatiya Nyaya…
Section 69 of the Bharatiya Nyaya Sanhita, 2023, criminalizes sexual intercourse obtained through deceit, prescribing imprisonment up to seven years and a fine. It targets fraudulent inducement, ensuring accountability for deceptive practices in sexual interactions and protecting individuals from exploitation and breach of consent.
Section 68 of the Bharatiya Nyaya Sanhita, 2023, penalizes sexual interactions involving abuse of authority, prescribing imprisonment up to seven years and a fine. It targets exploitation by individuals in positions of power, ensuring accountability and protecting vulnerable individuals from coercive sexual misconduct.
Section 67 of the Bharatiya Nyaya Sanhita, 2023, criminalizes non-consensual marital intercourse during separation, prescribing imprisonment up to seven years and a fine. This provision strengthens protections against spousal sexual violence, ensuring accountability and safeguarding individual autonomy within marital relationships during separation.
Section66 of the Bharatiya Nyaya Sanhita, 2023, imposes life imprisonment or the death penalty for rape causing death or permanent coma. It underscores India’s resolve to deter heinous sexual crimes, ensuring justice and victim protection while strengthening the legal framework against gender-based violence.
Section 65 of the Bharatiya Nyaya Sanhita, 2023, mandates rigorous imprisonment of 10 years to life and fines for rape of minors, with harsher penalties for aggravated cases, including repeat offenders or custodial rape. It prioritizes child protection, deterrence, and stringent accountability for sexual offenses against minors.
Section 64 of the Bharatiya Nyaya Sanhita, 2023, prescribes rigorous imprisonment of 10 years to life and fines for rape, with stricter penalties for aggravated cases like custodial rape or repeat offenses. It emphasizes victim-centric justice, deterrence, and accountability for sexual violence.
The Honourable Supreme Court established the fact that provided there is circumstantial evidence in the case, it would suffice to convict the person of an offence provided the circumstances when joined together creates a complete and unbroken chain of guilt. Maintaining the decision made by the Chetan case, the Supreme Court has taken into consideration important precedents, supporting the view that the credible circumstantial evidence provided, together with inability of the accused to signify the facts that proved his guilt are enough to convict the case without direct witnesses.
The instance of the Thangavel Vs. The State, Through Inspector Of Police & Anr., A school official, Thangavel, was charged with abetment of suicide when the child committed suicide, after receiving a scolding on his poor behavior on a report made by one of his fellows. The Supreme Court had to think whether the scolding was an act of criminal abetment under Section 306 IPC (now Section 108 BNS). The Court referred to the action of Thangavel as reasonable use of disciplinary power without personal hostility and intent to make suicide.
Section 63 of the Bharatiya Nyaya Sanhita, 2023, redefines rape in India, expanding its scope to include non-consensual sexual intercourse by men against women, with stricter penalties. It emphasizes consent, addresses coercion, and ensures severe punishment, aligning with modern gender justice principles under criminal law.