Bharatiya Nyaya Sanhita: Rights for women | Explained

The ‘Bharatiya Nyay Sanhita’ does not specifically refer to a single set of laws for women in India. However, several key legislations and acts address various aspects of women's rights, safety, and empowerment.

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The Bharatiya Nyaya Sanhita which has come into effect from July 1, 2024, will make a significant overhaul in the justice system of India. The Indian Penal Code (IPC), 1860, the Criminal Procedure Code (CrPC), 1973, and the Indian Evidence Act, 1872 will replace the outdated British-era laws are replaced by the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagrik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), passed in Parliament last December.

It is important to note that the term ‘Bharatiya Nyay Sanhita’ does not specifically refer to a single set of laws for women in India. However, if you are referring to laws pertaining to women's rights and protections in India, there are several key legislations and acts that address various aspects of women's rights, safety, and empowerment.

A New Chapter

Bharatiya Nyaya Sanhita has included a new chapter titled ‘Crime against Women and Children’ to deal with sexual crimes. 

The Protection of Children from Sexual Offenses Act (POCSO) shall be complied with when it comes to provisions pertaining to the gang rape of a minor lady. In the event of girls under the age of 18, a provision for life imprisonment or the death sentence has been made.

In the new law, gang rape of a woman under the age of 18 is a new felony category that carries a maximum sentence of 20 years or life in prison. The Sanhita imposes specific sanctions on anyone who falsely engage in sexual activity or makes marriage-related promises without really intending to tie the knot. Apart from this, the statement of the rape victim can be recorded only by the woman police officer in the presence of the victim’s guardian or relative and the medical report has to be submitted within seven days. 

Apart from this, the new law will investigate the crimes against women and children on priority. The change in the law will ensure that the investigation in the case has been completed within two months of the case being registered. 

In addition to this, the new law allows the victims, whether it is children or women to get free first aid or treatment and the hospital. This will ensure that the victim gets the necessary medical treatment on time. Meanwhile, it is important to note that the courts can postpone the hearing of the case maximum of 2 months to avoid any unnecessary delays in the hearing of the case.

The Bharatiya Nyaya Sanhita is the first document to describe terrorism and to make it a criminal offence.