Offences Related to Women in BNS: A Comprehensive Guide

This article has been written by Akanksha Mishra, 4th semester of the BA LLB program from Guru Gobind Singh Indraprastha University.

Introduction

The Indian criminal justice system has undergone a transformative overhaul with the introduction of the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS). These new laws, designed to modernize and streamline the legal framework, address critical issues that have long plagued the system, including delays in judicial processes, lack of victim-centric provisions, and the need for technological integration. The reforms are particularly focused on enhancing the rights of victims, especially women and children, and ensuring that the criminal justice system is more responsive and efficient.

Historically, India’s criminal laws were governed by the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC), both of which have their roots in the colonial era. While these codes have been amended over time, they have often been criticized for being outdated and insufficient in addressing contemporary issues. The BNS and BNSS represent a significant shift towards a more progressive and victim-oriented approach to criminal justice, marking a crucial step in the evolution of India’s legal landscape.

The purpose of this blog is to provide a comprehensive analysis of these new laws, examining their key features, the rationale behind their introduction, and their potential impact on the criminal justice system. By exploring the various aspects of these reforms, this blog aims to shed light on how these changes will shape the future of criminal justice in India.

The Victim-Centric Approach

Empowerment of Victims and Witnesses

One of the most significant aspects of the new laws is the emphasis on the rights of victims and witnesses. Unlike previous laws, which often sidelined the interests of victims in favour of the accused, the BNS and BNSS place victims at the centre of the criminal justice process. For instance, Section 360 of the BNS mandates that victims be given an opportunity to be heard before any decision is made to withdraw prosecution. This provision ensures that victims’ voices are not only heard but are integral to the decision-making process, thereby enhancing their role in the justice system.

The new laws also recognize the critical role that witnesses play in the criminal justice process. By protecting and empowering witnesses, the laws aim to ensure that they can testify without fear or intimidation. This is particularly important in cases involving powerful or influential accused persons, where witnesses may be reluctant to come forward. The new witness protection scheme mandated by Section 398 of the BNSS is a significant step in this direction, providing legal and physical protection to witnesses to encourage their participation in legal proceedings.

Comparison with Previous Laws

In contrast to the new victim-centric approach, the previous legal framework under the IPC and CrPC often neglected the rights and interests of victims. The focus was largely on the accused, with the victim’s role being limited to that of a complainant. This approach not only marginalized the victims but also led to a perception of injustice, where the rights of the accused were prioritized over those of the victims. The introduction of the BNS and BNSS marks a departure from this approach, ensuring that victims are given their due recognition and protection within the legal system.

Landmark Judgments Shaping India’s Criminal Justice Reforms

Vishakha v. State of Rajasthan (1997)

The Supreme Court of India, in the landmark case Vishakha v. State of Rajasthan, established critical guidelines for addressing sexual harassment at the workplace. This case arose from a brutal incident where a social worker was gang-raped, leading to widespread recognition of the need for legal safeguards against sexual harassment. The court, in the absence of specific legislation, laid down the Vishakha Guidelines, which mandated employers to take preventive measures, provide a complaint mechanism, and ensure that sexual harassment cases were handled with seriousness. This judgment was pivotal as it recognized sexual harassment as a violation of fundamental rights and led to the eventual enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, demonstrating the judiciary’s role in shaping legal frameworks to protect women’s rights.

Nirbhaya Case (2012) and Criminal Law Amendment Act, 2013

The Nirbhaya Case of 2012, involving the brutal gang rape and murder of a young woman in Delhi, shocked the nation and led to significant legal reforms. The incident prompted widespread protests and a demand for stronger laws to protect women from sexual violence. In response, the Criminal Law Amendment Act, 2013, was enacted, introducing stricter punishments for sexual offences, including the death penalty for repeat offenders, and new offences such as voyeurism, stalking, and acid attacks. The case not only highlighted the need for swift and stringent legal action against sexual violence but also demonstrated the power of public opinion in driving legislative change, making it a cornerstone in the evolution of laws related to crimes against women in India.

State of Punjab v. Gurmit Singh (1996)

In State of Punjab v. Gurmit Singh, the Supreme Court took a strong stand against the lenient treatment often accorded to rape cases. The court emphasized that a woman’s testimony should not be viewed with suspicion and that the dignity of the victim must be upheld during trial proceedings. The court also stressed the importance of in-camera trials to protect the privacy of the victim and prevent further trauma. This case was significant because it set a precedent for how rape cases should be handled in a manner that is sensitive to the victim’s dignity and rights, thereby influencing subsequent judgments and contributing to the development of a more victim-centric approach in the Indian judiciary.

Lalita Kumari v. Government of Uttar Pradesh (2013)

The case of Lalita Kumari v. Government of Uttar Pradesh is a landmark judgment that reinforced the mandatory registration of First Information Reports (FIRs) in India. The Supreme Court ruled that the police are obliged to register an FIR upon receiving information about a cognizable offence, without conducting a preliminary inquiry. This decision was instrumental in ensuring that victims of crimes, particularly those involving women and children, receive immediate attention and that their complaints are taken seriously. The ruling aimed to curb the prevalent practice of police refusing to register cases, thereby improving access to justice for victims and ensuring that the legal process begins promptly. This case underscored the importance of timely intervention in criminal cases and strengthened the procedural safeguards for victims under Indian law.

Timelines for Judicial Processes

Introduction of Strict Timelines

One of the major reforms introduced by the BNS is the establishment of strict timelines for various stages of criminal proceedings. These timelines are intended to address the long-standing issue of delays in the justice system, which often result in justice being denied or diluted. For example, the BNS mandates that police reports must be submitted within 14 days, cases must be committed within 90 days (extendable to 180 days), and discharge applications must be filed within 60 days. These timelines are designed to expedite the judicial process and ensure that cases move through the system more efficiently.

Challenges and Criticisms

While the introduction of strict timelines is a positive step towards reducing delays, it is not without its challenges. One of the primary concerns is the capacity of the judicial system to meet these deadlines, given the existing backlog of cases and the limited resources available to courts and law enforcement agencies. There is also the risk that the pressure to meet deadlines could lead to procedural errors or compromises in the quality of justice delivered.

Comparative Analysis with Global Standards

When compared to global standards, the timelines introduced by the BNS are relatively ambitious. In many countries, criminal proceedings can take years to conclude, with few enforceable timelines. The introduction of these timelines in India is a bold move, reflecting a commitment to ensuring that justice is not only done but is done in a timely manner. However, for these reforms to be effective, it will be crucial to address the underlying issues of resource allocation and judicial capacity.

Use of Technology in Judicial Processes

Facilitation of Evidence Deposition

The integration of technology into the judicial process is another key feature of the new laws. The BNS facilitates the deposition of evidence via audio-video electronic means, allowing witnesses to testify without being physically present in court. This is particularly beneficial for witnesses who may feel unsafe or uncomfortable appearing in court, such as victims of sexual violence or those threatened by powerful accused persons.

Impact on Witnesses and Court Proceedings

The use of technology is expected to have a significant impact on the efficiency of court proceedings. By allowing witnesses to testify remotely, the courts can avoid delays caused by logistical issues, such as witnesses being unable to travel to court. This can also reduce the likelihood of witness intimidation, as witnesses can provide their testimony from a secure location.

Challenges in Implementation

However, the implementation of technology in the judicial process is not without its challenges. There are concerns about the reliability of electronic systems, the potential for technical issues, and the digital divide that may prevent some witnesses from accessing the necessary technology. Additionally, there are legal and procedural questions about the admissibility of electronic evidence and the rights of the accused to cross-examine witnesses in person.

Witness Protection Scheme

Establishment and Significance

The witness protection scheme mandated by Section 398 of the BNSS is a critical reform aimed at safeguarding the rights and safety of witnesses. Under this scheme, state governments are required to establish mechanisms to protect witnesses, including measures such as providing physical protection, relocating witnesses, and ensuring their anonymity.

Comparison with Previous Measures

Prior to the introduction of this scheme, witness protection in India was largely ad hoc and ineffective. Witnesses in high-profile cases often faced threats and intimidation, leading to a reluctance to testify and, in some cases, witness tampering. The new scheme represents a significant improvement, providing a formal and legally enforceable framework for witness protection.

International Best Practices

The witness protection schemes in countries like the United States and Italy are often cited as models of best practice. These programs include measures such as witness relocation, financial support, and new identity documents for witnesses. The BNSS’s witness protection scheme draws on these international examples, adapting them to the Indian context to ensure the safety and participation of witnesses in the legal process.

Reorganization of Offences

Consolidation of Offences Against Women and Children

One of the most important aspects of the new laws is the consolidation of offences against women and children under Chapter V of the BNS. This reorganization simplifies the legal framework by grouping related offences together, making it easier for law enforcement agencies and the judiciary to identify and address these crimes.

Simplification and Prioritization

The consolidation of these offences not only simplifies the legal framework but also prioritizes crimes against women and children, ensuring that they receive the attention and resources they deserve. By grouping these offences together, the BNS highlights the seriousness of these crimes and the need for a coordinated and focused response.

Impact on Law Enforcement and Judiciary

The reorganization of offences is expected to have a positive impact on law enforcement and the judiciary, making it easier to investigate, prosecute, and adjudicate cases involving crimes against women and children. This is particularly important in a country like India, where these crimes are prevalent and often go unreported or unpunished.

Modernization of Language and Provisions

Overhaul of Legal Terminology

The modernization of language in the BNS and BNSS is a significant step towards making the laws more accessible and comprehensible to the general public and legal professionals. The new laws include over 600 changes, including amendments, additions, and deletions of provisions, aimed at simplifying and clarifying the legal language.

Accessibility and Comprehension

By modernizing the language of the laws, the BNS and BNSS make the legal framework more accessible to non-lawyers, helping to bridge the gap between the legal system and the public. This is particularly important in a diverse country like India, where legal language can often be complex and difficult to understand.

Critiques and Potential Issues

While the modernization of legal language is a positive development, there are potential issues to consider. Some legal professionals may be resistant to the changes, particularly if they feel that the new language oversimplifies complex legal concepts. Additionally, there is a risk that the modernization of language could lead to inconsistencies or ambiguities in the interpretation of the laws.

Summary Trials and Discharge Applications

Mandatory Summary Trials

The BNS introduces mandatory summary trials for a limited set of offences, aimed at expediting the trial process and reducing the backlog of cases in the judicial system. This is a significant reform, as summary trials allow for a faster resolution of cases, particularly those involving minor offences.

Expansion of Magistrates’ Powers

The new laws also expand the powers of magistrates to try cases summarily, allowing them to handle cases punishable with up to three years of imprisonment. This expansion of powers is intended to relieve the burden on higher courts and ensure that cases are resolved more quickly.

Impact on Judicial Efficiency

The introduction of mandatory summary trials and the expansion of magistrates’ powers are expected to have a positive impact on judicial efficiency, reducing the time and resources required to resolve cases. However, there are concerns about the potential for miscarriages of justice, particularly in cases where the accused may not receive a full and fair trial.

Specific Changes Affecting Women and Children

Sexual Offences (Sections 375-376E)

The BNS includes specific sections addressing sexual offences, including Sections 375-376E, which detail the definitions and punishments for various forms of sexual violence. These sections are designed to protect the rights of women and children, ensuring that sexual offences are treated with the seriousness they deserve.

Criminal Force, Assault, and Offences Relating to Marriage

The new laws also address criminal force and assault against women, as well as offences related to marriage, including dowry-related crimes. These provisions are intended to protect women from violence and exploitation, ensuring that perpetrators are held accountable.

Offences Against Children and Causing Miscarriage

The BNS includes provisions specifically targeting offences against children, consolidating various sections of the IPC that deal with child exploitation and abuse. The provisions related to causing miscarriage have also been updated to reflect contemporary understandings of women’s rights and health.

Conclusion

The introduction of the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita marks a significant step towards modernizing India’s criminal justice system. By focusing on victim rights, utilizing technology, and reorganizing offences, these laws aim to create a more efficient and just legal framework, particularly for women and children.

The reforms introduced by the BNS and BNSS have the potential to transform the criminal justice system in India, ensuring that justice is delivered more efficiently and fairly. However, the success of these reforms will depend on their implementation, as well as the ability of the legal system to adapt to these changes.