Strict Action for Crimes Against Women Under Bharatiya Nyaya Sanhita, 2023

In a significant legislative development, the Government of India has introduced tougher and more victim-sensitive laws to address crimes against women and children through the Bharatiya Nyaya Sanhita, 2023. This new legal framework prioritizes such offenses by placing them in a separate chapter—Chapter V—ensuring focused attention and stricter enforcement.

According to Minister of State for Home Affairs Shri Bandi Sanjay Kumar, the Bharatiya Nyaya Sanhita now prescribes punishments of up to life imprisonment and even the death penalty for serious offenses like gang rape, particularly when the victims are minors under 18 years old. The previously differentiated punishments based on age have now been unified to provide equal protection for all minor girls.

A new offense has been introduced, criminalizing sexual intercourse under pretenses—whether related to promises of marriage, employment, promotion, or concealment of identity—marking an important step in recognizing and addressing deceitful exploitation.

Additionally, the law aims to combat human trafficking with stronger provisions under Section 143, which includes life imprisonment for aggravated cases and mandatory penalties for trafficking to beg. Furthermore, Section 144(1) imposes strict penalties for the sexual exploitation of trafficked children, with a minimum sentence of five years that can be extended to life imprisonment.

To enhance transparency and ensure victim comfort, several procedural reforms have also been implemented:

• Victim statements in rape cases must now be audio-video recorded

• As far as practicable, these statements must be recorded by a woman magistrate

• Free first-aid and medical care are guaranteed to all victims in any hospital

• The law redefines who can receive police summons—now including adult women, not just male members

The revised provision now exempts women and certain age groups from being summoned outside their residences unless they choose to do so voluntarily. These reforms demonstrate the government’s commitment to establishing a more accountable, gender-sensitive, and victim-friendly justice system. With these changes, India aims to deliver quicker justice while fostering an environment that encourages reporting and ensures dignity for survivors.