Executive Summary:
This document summarizes key provisions related to women and children under the Bharatiya Nyaya Sanhita, 2023 (BNS). It highlights significant changes, including stricter punishments for crimes against women and children, and the prioritization of these offenses within the BNS. The information was provided in response to Lok Sabha Unstarred Question No. 1553 on July 29, 2025.
Key Points / Main Content:
Protection of Women and Children:
* Offenses against women and children are prioritized in a new Chapter V of the BNS, 2023.
* The BNS, 2023 removes the age differential for minor gang rape victims, prescribing life imprisonment or death for gang rape of a woman below 18 years.
Legal and Investigative Procedures:
* Women are recognized as adult family members who can receive summons.
* Statements of rape victims shall be recorded through audio-video means by the police.
* Statements of victims of certain offenses against women are to be recorded by a woman Magistrate, or in her absence, a male Magistrate in the presence of a woman.
* Medical practitioners must send medical reports of rape victims to investigating officers within 7 days.
* Individuals under 15, over 60, women, disabled persons, or those with acute illness are generally not required to attend places other than their residence for investigations.
Punishments and Penalties:
* Strict punishments up to the death sentence are provided for offenses against women.
* Gang rape of a woman below 18 years is punishable with life imprisonment or death.
* A new offense is incorporated for sexual intercourse on false promises of marriage, employment, or concealment of identity.
* Human trafficking and sexual exploitation of trafficked children are punishable with up to life imprisonment; trafficking of a child carries a minimum of 10 years imprisonment, potentially extending to life, and a fine.
* Beggary is introduced as a form of exploitation for trafficking and is punishable under section 143 of the BNS, 2023.
* Hiring, employing, or engaging a child to commit an offense is punishable with imprisonment of a minimum of seven years, extendable to ten years.
Victim Support:
* Free first aid and medical treatment are mandated for victims of crimes against women and children at all hospitals.
Impact Analysis:
Victims of Crimes Against Women and Children:
Impact: Enhanced legal protection, stricter punishments for offenders, improved investigative procedures, and mandated medical care.
Action Required: Be aware of the new provisions and protections available under the BNS, 2023.
Law Enforcement (Police and Magistrates):
Impact: Changes in investigative procedures, including mandatory audio-video recording of victim statements and specific protocols for recording statements from women.
Action Required: Implement the new investigative procedures and ensure compliance with the BNS, 2023.
Medical Practitioners:
Impact: Mandated reporting requirements for medical reports of rape victims.
Action Required: Comply with the requirement to send medical reports of rape victims to investigating officers within 7 days.
Courts and Legal Professionals:
Impact: Changes in sentencing guidelines and definitions of offenses related to women and children.
Action Required: Apply the new provisions and sentencing guidelines in relevant cases.
General Public:
Impact: Increased awareness of the legal protections available to women and children.
Action Required: Be aware of the new laws and report any suspected crimes against women and children.
Key Entities Referenced
Bharatiya Nyaya Sanhita, 2023: A new criminal code in India that replaces the Indian Penal Code. It is mentioned throughout the document as the primary legal reference.
Ministry of Home Affairs: The Indian government ministry responsible for internal security and policy.
Lok Sabha: The lower house of the Parliament of India, where the question related to the Bharatiya Nyaya Sanhita was raised.
Dr. Bhola Singh: The Member of Parliament who raised the unstarred question regarding the provisions related to women in the Bharatiya Nyaya Sanhita, 2023.
Bandi Sanjay Kumar: The Minister of State in the Ministry of Home Affairs who provided the answer to the Lok Sabha question.
human trafficking: A crime involving the exploitation of individuals, often for forced labor or sexual exploitation. The Bharatiya Nyaya Sanhita, 2023 addresses this.
gang rape: A sexual assault committed by multiple individuals. The document highlights changes in punishment related to gang rape in the Bharatiya Nyaya Sanhita, 2023.
sexual intercourse on false promise of marriage: A new offense incorporated in the Bharatiya Nyaya Sanhita, 2023, related to sexual relations based on deceitful assurances.
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO. 1553
TO BE ANSWERED ON THE 29TH JULY, 2025/ SRAVANA 7, 1947 (SAKA)
PROVISION RELATED TO WOMEN IN BNS
†1553. DR. BHOLA SINGH:
Will the Minister of HOME AFFAIRS be pleased to state:
(a) whether any significant changes have been made in the provisions
related to women under the Bharatiya Nyay Sanhita, 2023 (BNS);
(b) whether the said code provides for more stringent punishment for
crimes against women and children; and
(c) if so, details of the salient points thereof?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI BANDI SANJAY KUMAR)
(a) to (c): In the Bharatiya Nyaya Sanhita, 2023, for the first time, the
provisions relating to crime against woman and child have been given
precedence and placed under one Chapter. Strict punishments up to death
sentence have been provided for the offences against women. Punishment
for gang rape of a woman below the age of 18 years is life imprisonment
till remainder of the convict’s natural life or death. A new offence for
having sexual intercourse on false promise of marriage, employment,
promotion or by concealing identity, etc. has also been incorporated.
Further, the Bharatiya Nyaya Sanhita, 2023 provides provisions for strict-2-
L.S.US.Q.NO. 1553 FOR 29.07.2025
punishment upto life imprisonment for offence of human trafficking and
sexual exploitation of trafficked children. Where the offence involves the
trafficking of a child, it shall be punished with imprisonment not less than
10 years, but which may extend to imprisonment for life and fine. ‘Beggary’
has been introduced as a form of exploitation for trafficking and is
punishable under section 143 of the Bharatiya Nyaya Sanhita, 2023. Act of
hiring, employing or engaging child to commit an offence has also been
made punishable. Main provisions related to protection of women and
children in the new Criminal Laws are given in Annexure.
*****Annexure
L.S.US.Q.NO. 1553 FOR 29.07.2025
Provisions for protection of Women and Children
i. Offences against woman and child have been given precedence over
all other offences in a new Chapter-V of Bharatiya Nyaya Sanhita,
2023.
ii. In Bharatiya Nyaya Sanhita, 2023, the age differential for minor
victims of gang rape has been done away with. Earlier different
punishments were prescribed for gang rape on a girl below the age of
16 years and 12 years. This provision has been modified and now
gang rape on a woman below the age of eighteen years is punishable
with imprisonment of life or death.
iii. Women have been recognized as an adult member of family who can
receive summons on behalf of the person summoned. The earlier
reference to ‘some adult male member’ has been replaced with ‘some
adult member’.
iv. In order to provide more protection to the victim and enforce
transparency in investigation related to an offence of rape, the
statement of the victim shall be recorded through audio video means
by police.
v. For certain offences against woman, statement of the victim is to be
recorded, as far as practicable, by a woman Magistrate and in her
absence a male Magistrate in the presence of a woman to ensure
sensitivity and fairness, creating a supportive environment for
victims.
vi. Medical practitioners are mandated to send the medical report of a
victim of rape to the investigating officer within 7 days.
vii. It is provided that no male person under the age of fifteen years or
above the age of 60 years (65 years earlier) or a woman or a mentally
or physically disabled person or a person with acute illness shall be
required to attend at any place other than the place in which such
male person or woman resides. In cases where such a person is
willing to attend the police station, they may be allowed to do so.Annexure
L.S.US.Q.NO. 1553 FOR 29.07.2025
viii. The new laws provide for free first-aid or medical treatment to
victims of crimes against women and children at all hospitals. This
provision ensures immediate access to essential medical care,
prioritizing the well-being and recovery of victims during challenging
times.
ix. The act of hiring, employing or engaging a child to commit an
offence, is made a punishable offence under section 95 of Bharatiya
Nyaya Sanhita 2023, which entails punishment of imprisonment of
minimum seven years, extendable to ten years. This provision aims
to deter gangs or groups from employing/hiring children for
committing offence.
*****