**Executive Summary**
This document summarizes the key features of the Bharatiya Nyaya Sanhita (BNS), 2023, which introduces stringent actions against crimes against women. It highlights victim-centric provisions, enhanced protection for women and children, the use of technology and forensics in investigations, streamlined timelines for case resolution, and a reformative approach to justice. The document stresses the importance of ensuring justice is neither delayed nor denied.
**Key Points / Main Content**
* **Victim-Centric Provisions:**
* Report Incidents Online: Electronic reporting of incidents is permitted, eliminating the need to physically visit a police station.
* File FIR at Any Police Station: Introduction of Zero FIR allows filing at any police station, regardless of jurisdiction.
* Free Copy of FIR: Victims are entitled to a free copy of the FIR.
* Right to Inform Upon Arrest: Arrested individuals have the right to inform a person of their choice.
* Display of Arrest Information: Police stations must display information of arrested individuals.
* Progress Updates to Victims: Victims are entitled to updates on case progress within 90 days.
* Supply of police reports: Both the accused and victim are entitled to receive copies of relevant documents within 14 days.
* Witness Protection Scheme: Mandatory implementation of Witness Protection Scheme by State Governments.
* Exemption from going to police station: Women, persons below 15, persons above 60, and those with disabilities or acute illness are exempt from attending police stations.
* Mandatory Hearing Before Withdrawal: Victims must be heard before withdrawal from prosecution in Section 360 of BNSS.
* **Provisions for Protection of Woman and Child:**
* Offences against women and children have precedence in a new chapter.
* Age differential for minor victims of gang rape has been eliminated. Gang rape of a woman below 18 is punishable with life imprisonment or death.
* Women are recognized as adult family members for receiving summons.
* Statements of rape victims must be recorded through audio-video means.
* Statements of rape victims should be recorded by a woman Magistrate when possible.
* Medical practitioners must send medical reports of rape victims to investigating officers within 7 days.
* Restriction on Attending Police Stations: Restrictions on requiring certain individuals (e.g., elderly, women) to attend police stations.
* Free medical treatment for victims of crimes against women and children at all hospitals.
* Hiring a child to commit an offence is punishable.
* **Provisions Relating to Use of Technology and Forensics:**
* Forensic experts must visit crime scenes and collect evidence in serious offences punishable for 7+ years. Evidence collection must be videographed.
* Electronic summons are permitted to expedite legal processes.
* All proceedings in electronic mode are now allowed.
* **Timelines:**
* Faster and fair resolution of cases, with streamlined timelines for various stages of investigation and trial.
* Fast-track investigations for offences against women and children, ensuring completion within two months.
* Courts can grant a maximum of two adjournments.
* **Reformative Approach:**
* Introduction of community service for minor offences.
* Expansion of the ambit of summary trial.
* **Rights of the Accused:**
* Curtailed arbitrary arrest and police do not need to arrest a person to take handwriting, signature, etc.
* **New Offences:**
* Addition of new offences, including those related to terrorist acts, mob lynching, and organized crime.
* Harsher punishment for repeat offenders of theft.
* **Trial in Absentia:**
* Trial in absentia is now allowed for proclaimed offenders.
**Impact Analysis**
**Victims of Crime**
* **Impact:** Victims benefit from easier reporting, increased transparency, faster resolution, and enhanced protection and support throughout the legal process.
* **Action Required:** Victims should be aware of their rights, including online reporting, access to FIR copies, updates on case progress, and witness protection schemes.
**Accused Individuals**
* **Impact:** The accused benefit from streamlining of legal processes, e-summons, and electronic proceedings, reduced arbitrary arrests, and specified timelines.
* **Action Required:** The accused must familiarize themselves with their rights, including the right to receive copies of relevant documents and the curtailment of arbitrary arrests.
**Police and Investigating Agencies**
* **Impact:** Law enforcement agencies are required to adopt new procedures, including mandatory crime scene videography, electronic record-keeping, adherence to strict timelines, and ensuring victim updates.
* **Action Required:** Police must implement the new victim-centric provisions, utilize technology and forensics effectively, and adhere to stipulated timelines for investigations and legal proceedings. They must also adhere to the guidelines on what the accused individuals have access to.
**Judicial System**
* **Impact:** The courts are responsible for ensuring the swift and fair resolution of cases, adhering to the stipulated timelines, granting a limited number of adjournments, and overseeing the implementation of the new laws.
* **Action Required:** The judicial system must implement electronic proceedings, limit adjournments, ensure adherence to timelines, and consider alternative justice methods like community service.
**State Governments**
* **Impact:** State Governments must implement the Witness Protection Scheme.
* **Action Required:** State Governments must establish and maintain a functional Witness Protection Scheme to ensure the safety and security of witnesses.
Key Entities Referenced
Bharatiya Nyaya Sanhita (BNS), 2023: The primary law discussed, introducing new provisions related to crimes against women and children.
Witness Protection Scheme: A scheme mandated for all State Governments to ensure the safety and security of witnesses.
First Information Report (FIR): Process and rights around filing an FIR, including 'Zero FIR' and free copy to the victim.
Ministry of Home Affairs: The issuing ministry for this policy announcement.
Ministry of Home Affairs
STRINGENT ACTION ON CRIME AGAINST
WOMEN
प्रव तथ: 03 DEC 2025 5:21PM by PIB Delhi
In the Bharatiya Nyaya Sanhita (BNS), 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 BNS.
Main provisions related protection of woman in the new Criminal Laws are given in the Annexure.
MAIN FEATURES OF THE NEW CRIMINAL LAWS
The new criminal laws mark a significant step towards creating a citizen centric, more accessible
and efficient justice system. The following are main features of the new criminal laws:
A. Victim Centric Provisions
i. Report Incidents Online: A person may now report incidents by electronic
communication, without the need to physically visit a police station. This allows for
easier and quicker reporting, facilitating prompt action by the police.
ii. File FIR at Any Police Station: With the introduction of Zero FIR, a person can file a
First Information Report (FIR) at any police station, regardless of jurisdiction. This
eliminates delays in initiating legal proceedings and ensures immediate reporting of the
offence.
iii. Free Copy of FIR: Victim is entitled to receive a free copy of the FIR, ensuring their
participation in the legal process.
iv. Right to Inform Upon Arrest: In the event of an arrest, the individual has the right to
inform a person of his choice about their situation. This will ensure immediate support
and assistance to the arrested individual.
v. Display of Arrest Information: Every police station and district must now have a
designated police officer not below the rank of ASI and the information of all arrested
individuals shall now be prominently displayed in every police station. This safeguards
the right of the accused persons and mitigates instances of custodial violence and illegal
detention by police.
vi. Progress Updates to Victims: Victims are entitled to get update on the progress of their
case within 90 days. This provision keeps victims informed and involved in the legal
process, enhancing transparency and trust.
vii. Supply of police report and other documents: Both the accused and the victim are
entitled to receive copies of the FIR, police report/chargesheet, statements, confessions
and other documents within 14 days.viii. Witness Protection Scheme: The new laws mandate all State Governments to
implement Witness Protection Scheme to ensure the safety and security of witnesses,
enhancing the credibility and effectiveness of legal proceedings.
ix. Exemption from going to police station: Women, persons below 15 years, persons
above 60 years, and those with disabilities or acute illness are exempt from attending
police stations.
x. It is mandated that victim be heard before withdrawal from prosecution in Section 360
of BNSS. The statutory recognition of the right of the victim to be heard is a significant
example of a nyaya centric approach to criminal justice system. By mandatorily hearing
the victim in proceedings regarding withdrawal of cases, the justice system becomes
more responsive to the needs and concerns of those directly affected by crime.
B. Provisions for Protection of Woman and Child
i. Offences against woman and child have been given precedence over all other offences
in a new chapter-V of BNS.
ii. In BNS, 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.
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.
C. Provision relating to use of Technology and Forensics
i. Forensic Evidence Collection and videography: To strengthen the case and
investigations, it has become mandatory for forensic experts to visit crime scenes forserious offences and collect evidence in offences which are punishable for 7 years or
more. Additionally, the process of evidence collection at the crime scene will be
mandatorily videographed to prevent tampering of evidence. This dual approach
significantly enhances the quality and reliability of investigations and contributes to a
fair administration of justice.
ii. Electronic Summons: Summons can now be served electronically, expediting legal
processes, reducing paperwork, and ensuring efficient communication between all
parties involved.
iii. All proceedings in Electronic Mode: By conducting all legal proceedings electronically,
the new laws offer convenience to victims, witnesses and accused, thereby streamlining
and expediting the entire legal process.
D. Timelines
i. Faster and Fair Resolution: The new laws promise a faster and fair resolution of cases,
instilling confidence in the legal system. Crucial stages of investigation and trial like -
preliminary enquiry (to be completed in 14 days), further investigation (to be completed
in 90 days), supply of document to the victim and accused (within 14 days),
commitment of a case for trial (within 90 days), filing of discharge applications (within
60 days), framing of charges (within 60 days), pronouncement of judgment (within 45
days) and filing of mercy petitions (30 days before Governor and 60 days before
President) - have been streamlined and to be completed within stipulated time period.
ii. Fast-Track Investigations: The new laws prioritized the investigations for offences
against women and children, ensuring timely completion within two months of
recording information.
iii. Adjournments: Courts can grant a maximum of two adjournments to avoid unnecessary
delays in case hearings, ensuring timely justice delivery.
E. Reformative Approach
i. Community service: The new laws introduce community service for minor offences.
The offenders get the chance to positively contribute to society, learn from their
mistakes and build stronger community bonds.
ii. Expansion of the ambit of summary trial: The ambit of summary trial has now been
expanded to include more offences ensuring expeditious disposal of cases.
F. Rights of the Accused
Arbitrary arrest of individuals solely to initiate judicial proceedings has been curtailed. The
police, now, need not arrest an accused person just for the Magistrate to take cognizance of the
police report and no arrest is needed for taking handwriting, signature, fingerprint, or voice
samples.
G. New Offences
i. New offences addressing terrorist act, act endangering, sovereignty, unity and integrity
of India, mob lynching, snatching, organized crime, petty organized crime etc. have
been added.
ii. Harsher punishment has been prescribed for repeat offenders of theft – a mandatory
minimum sentence of 1 year extendable to 5 years with fine. However, to prevent petty
theft from becoming a gateway crime, first-time offenders are punished only with
community service, where the value of the stolen property is less than Rs. 5000 and
either such value is returned, or such property is restored.
H. Trial in absentiaA new provision of trial in absentia for persons declared as proclaimed offenders allows the
Court to proceed with the trial and pronounce the verdict in the absence of the accused. This
provision ensures that justice is neither delayed nor denied.
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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