**Summary:**
The Ministry of Home Affairs announced strict measures to address crimes against women and human trafficking under the Bharatiya Nyaya Sanhita, 2023. Crimes against women and children are prioritized under a dedicated chapter with enhanced punishments, including the death penalty for severe offenses. Gang rape of a woman under 18 years now carries a punishment of life imprisonment for the remainder of the convict's natural life or death. The Sanhita also criminalizes sexual intercourse under false pretenses, such as false promises of marriage or employment.
Regarding human trafficking, Section 143 introduces stricter penalties, including life imprisonment, with a minimum of 10 years extendable to life imprisonment and a fine for trafficking involving children. Beggary is explicitly recognized as a form of exploitation within human trafficking. Section 144(1) addresses the sexual exploitation of trafficked children, with punishments ranging from five years to life imprisonment.
Additional provisions for the protection of women include: prioritization of crimes against women and children in the legal framework; removal of age differentials for minor victims of gang rape, now uniformly addressing offenses against women under 18; recognition of women as adult family members who can receive summons; mandatory audio-video recording of victim statements during rape investigations; victim statements to be recorded by a woman magistrate or, in her absence, a male magistrate in the presence of a woman; mandated submission of medical reports of rape victims by medical practitioners to investigating officers within 7 days; modified rules regarding attendance requirements at locations other than a person's residence for vulnerable individuals; and guaranteed free first aid and medical treatment for victims of crimes against women and children in all hospitals. These measures aim to ensure comprehensive protection, transparent investigation, and immediate medical assistance for victims.
Key Entities Referenced
Ministry of Home Affairs: The Indian government ministry responsible for internal security and law enforcement.
Bharatiya Nyaya Sanhita, 2023: A new criminal code in India that replaces the Indian Penal Code.
Rajya Sabha: The upper house of the Parliament of India.
Bandi Sanjay Kumar: Minister of State in the Ministry of Home Affairs.
human trafficking: The action or practice of illegally transporting people from one country or area to another, typically for the purposes of forced labour or sexual exploitation.
gang rape: Rape committed by a group of people.
sexual exploitation of trafficked children: The use of trafficked children for sexual purposes.
Delhi: National capital of India
Ministry of Home Affairs
STRICT ACTION FOR CRIMES AGAINST WOMEN
Posted On: 23 JUL 2025 1:42PM 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.
The Government is committed to prevention and countering of the crime of human trafficking. Section 143
of the Bharatiya Nyaya Sanhita, 2023 provides penal provisions for strict punishment upto life
imprisonment for offence of human trafficking. 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. In addition, section 144 (1) of the Bharatiya Nyaya
Sanhita, 2023 provides for strict punishment for the offence of sexual exploitation of trafficked children.
The minimum punishment for such offences is five years extendable to life imprisonment.
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Annexure1/1
PROVISIONS FOR PROTECTION OF WOMAN
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 gangrape has been done away with.
Earlier different punishments were prescribed for gangrape on a girl below the age of 16 years and 12
years. This provision has been modified and now gangrape 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.
Annexure1/2vi. 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.
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 Rajya Sabha.
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RK/VV/HS/PS/PR
(Release ID: 2147185)