**Executive Summary**
This document outlines new provisions in the Bharatiya Nyaya Sanhita, 2023, aimed at curbing crime against women and children. Key changes include prioritizing offenses against women and children, enhancing judicial process efficiency through electronic means, and specifying stricter punishments. The implementation of these new laws is ongoing.
**Key Points / Main Content**
**Provisions for Protection of Women and Children**
* Offenses against women and children are now prioritized in a new chapter of the Bharatiya Nyaya Sanhita, 2023.
* The age differential for punishment in gang rape cases involving minor victims has been removed. Gang rape of a woman under eighteen years is punishable with life imprisonment or death.
* Women are recognized as adult family members who can receive summons on behalf of the summoned person, replacing the previous reference to "some adult male member."
* Victims' statements in rape investigations will be recorded via audio-video means by the police to enhance transparency.
* For certain offenses against women, victim statements are to be recorded by a female Magistrate, or a male Magistrate in her absence, to ensure sensitivity.
* Medical practitioners are mandated to submit rape victim medical reports to the investigating officer within seven days.
* Specific categories of individuals, including persons under fifteen or over sixty years, women, disabled individuals, or those with acute illness, are exempt from attending locations other than their residence for judicial proceedings, unless they are willing to do so.
* Free first-aid or medical treatment will be provided to victims of crimes against women and children at all hospitals.
* Hiring, employing, or engaging a child to commit an offense is now a punishable act under Section 95 of the Bharatiya Nyaya Sanhita, 2023, with imprisonment ranging from seven to ten years.
**Enhancements to Judicial Process**
* New criminal laws facilitate trials, inquiries, and proceedings through electronic modes, including issuance and service of summons and warrants.
* The examination of complainants and witnesses, and recording of evidence, can be conducted electronically.
* Applications such as e-Summons, e-Sakshya, and Nyaya-Shruti (VC) have been developed to support electronic judicial processes.
* e-Summons facilitates electronic delivery of summons.
* e-Sakshya enables lawful, scientific, and tamper-proof collection, preservation, and electronic submission of digital evidence.
* Nyaya-Shruti (VC) facilitates virtual appearances through video conferencing for various legal stakeholders.
**Impact Analysis**
**Victims of Crimes Against Women and Children**
* **Impact:** Increased protection, stricter punishments for perpetrators, enhanced transparency in investigations, and improved access to medical care.
* **Action Required:** Not specified in the document.
**Judicial System Stakeholders (Judges, Police, Prosecutors, Lawyers, etc.)**
* **Impact:** Changes in procedural requirements, adoption of electronic processes for trials and evidence handling, potential for increased efficiency and transparency.
* **Action Required:** Adapt to and implement new procedures for electronic communication, evidence recording, and virtual appearances as facilitated by e-Summons, e-Sakshya, and Nyaya-Shruti (VC).
**General Public**
* **Impact:** Enhanced safety and security due to stronger legal provisions against crimes against women and children, and a more efficient justice delivery system.
* **Action Required:** Not specified in the document.
Key Entities Referenced
Bharatiya Nyaya Sanhita, 2023: The new criminal law that introduces significant provisions for the protection of women and children, including new offenses and enhanced punishments.
Ministry of Home Affairs: The government ministry responsible for the policy and implementation of these criminal law changes.
e-Summons, e-Sakshya and Nyaya-Shruti (VC): Digital applications developed to improve the efficiency, transparency, and speed of judicial processes, particularly in implementing the new criminal laws.
Lok Sabha: The parliamentary body to which the Minister of State for Home Affairs provided a written reply regarding these provisions.
Ministry of Home Affairs
STEPS TAKEN TO CURB CRIME AGAINST
WOMEN
Posted On: 10 MAR 2026 3:27PM by PIB Delhi
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 protection of woman in the new Criminal Laws are given in Annexure.
To significantly improve the speed, efficiency and transparency of the judicial process, provisions have
been made in the new criminal laws that all trials, inquiries and proceeding including issuance, service and
execution of summons and warrant, examination of complainant and witnesses, recording of evidence in
inquiries and trials and appellate proceedings or any other proceeding may be held in electronic mode, by
use of electronic communication or use of audio-video electronic means. In this regard, Government has
also developed applications like e-Summons, e-Sakshya and Nyaya-Shruti (VC). The e-Summon
facilitates delivery of summons through electronic means. The e-Sakshya enables lawful, scientific and
tamper-proof collection, preservation and electronic submission of digital evidence thus ensuring
authenticity and reducing delays. Nyaya-Shruti (VC) facilitates virtual appearance of accused persons,
witnesses, police officials, prosecutors, scientific experts, prisoners etc. through video conferencing. The
implementation of the new criminal laws through these applications by States/UTs contribute to improving
the speed, efficiency, and transparency of the judicial process, thereby supporting a more effective,
technology-driven, timely and citizen-friendly justice delivery system.
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.
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 awoman 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.
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.
This was stated by the Minister of State in the Ministry of Home Affairs Shri Bandi Sanjay Kumar in a
written reply to a question in the Lok Sabha.
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