Parliament Question: Provisions in BNS to Deal Crimes

GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS LOK SABHA UNSTARRED QUESTION NO. 2645 TO BE ANSWERED ON THE 4TH AUGUST, 2026/ SHRAVANA 13, 1948 (SAKA) PROVISIONS IN BNS TO DEAL CRIMES 2645 # SHRI DILIP SAIKIA: Will the Minister of HOME AFFAIRS be pleased to state: (a) whether any provisions have been made under the Bharatiya Nyaya Sanhita (B.N.S.) 2023 to deal with crimes against women and children in stringent manner; and (b) if so, the details thereof? ANSWER MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI BANDI SANJAY KUMAR) (a) & (b): The Government is committed to prevention and countering of the crime against women and children. 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 in Bharatiya Nyaya Sanhita, 2023. Main provisions related to protection of women and children in the new sanhitas are given in Annexure.-2- L.S.US.Q.NO. 2645 FOR 04.08.2026 Annexure 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, 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.-3- L.S.US.Q.NO. 2645 FOR 04.08.2026 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. 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.-4- L.S.US.Q.NO. 2645 FOR 04.08.2026 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. *****