The Ministry of Home Affairs announced victim-centric changes in the new criminal laws under the Bharatiya Nyaya Sanhita, 2023, effective July 30, 2025. Key changes prioritize crimes against women and children, placing related provisions under a single chapter and prescribing stricter punishments, including the death penalty for certain offenses. Gang rape of a woman below 18 years of age now carries a punishment of life imprisonment till the remainder of the convict's natural life or death. The Sanhita also incorporates a new offense addressing sexual intercourse under false pretenses (marriage, employment, etc.) and imposes stricter penalties, up to life imprisonment, for human trafficking and sexual exploitation of trafficked children. Trafficking involving a child mandates a minimum sentence of 10 years, extendable to life imprisonment and a fine. Beggary is now recognized as a form of exploitation for trafficking. Hiring or employing a child to commit an offense is also punishable.
Victim-centric provisions include the ability to report incidents online, file a First Information Report (FIR) at any police station (Zero FIR), and receive a free copy of the FIR. Arrested individuals have the right to inform a person of their choice, and arrest information must be prominently displayed at every police station. Victims are entitled to progress updates on their cases within 90 days, and both accused and victims are entitled to receive copies of the FIR, police report, charge sheet, statements, confessions, and other documents within 14 days. State governments are mandated to implement Witness Protection Schemes. Certain individuals (women, those under 15, over 60, and those with disabilities or acute illness) are exempt from attending police stations. The victim must be heard before withdrawal from prosecution.
Specific protections for women and children include prioritizing offenses against them, removing age differentials for minor gang rape victims (now unified as under 18 years), and recognizing women as adult family members who can receive summons. Statements of rape victims must be recorded via audio-visual means by police and, where possible, by a woman Magistrate. Medical practitioners must send rape victim medical reports to investigating officers within 7 days. The laws also mandate free first aid and medical treatment to victims of crimes against women and children at all hospitals.
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 law in India, replacing the Indian Penal Code. It contains provisions related to crimes against women and children.
First Information Report (FIR): A written document prepared by police when they receive information about the commission of a cognizable offense.
Zero FIR: A First Information Report (FIR) that can be filed at any police station, regardless of jurisdiction.
Witness Protection Scheme: A scheme mandated by the new laws for all State Governments to implement, ensuring the safety and security of witnesses.
Rajya Sabha: The upper house of the Parliament of India.
Bandi Sanjay Kumar: Minister of State in the Ministry of Home Affairs.
Delhi: The National Capital Territory of Delhi, where the Press Information Bureau (PIB) released the information.
Ministry of Home Affairs
VICTIM CENTRIC CHANGES IN NEW CRIMINAL
LAWS
Posted On: 30 JUL 2025 5:34PM 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. Further, the Bharatiya Nyaya Sanhita, 2023 provides provisions for strict 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-II.
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Annexure-I
VICTIM CENTRIC PROVISIONS IN THE NEW CRIMINAL LAWS
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.
Annexure-I (Cont.)
vi. Progress Updates to Victims: Victims are entitled to get update on the progress of their casewithin 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.
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Annexure-II
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.
Annexure-II (Cont.)
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 acuteillness 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 Rajya Sabha.
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VV/RR/HS/PS/PR
(Release ID: 2150269)