Introduction
The crime against women is in chapter V of the Bhartiya Nyaya Sanhita from Sections 63 to 92 of BNS. The crime against women and children is a grave offense and requires special attention and that is why BNS recognized this crime in a special chapter and gave proper recognition just like the Indian Penal Code. Crimes against women are a pervasive issue worldwide, manifesting in various forms such as domestic violence, sexual assault, trafficking, and dowry-related crimes. In the context of India, these issues take on unique dimensions influenced by cultural, socio-economic, and geographical factors. This region, characterized by its diverse population, cross-border dynamics, and varying levels of economic development, presents a complex landscape for understanding and addressing crimes against women.
CHAPTER V
OF OFFENCES AGAINST WOMAN AND CHILD
Of sexual offences
- Rape
- Punishment for Rape
- Punishment for rape in certain cases
- Punishment for causing death or resulting in a persistent vegetative state of the victim.
- Sexual intercourse by husband upon his wife during separation
- Sexual intercourse by a person in authority
- Sexual intercourse by employing deceitful means, etc
- Gang rape.
- Punishment for repeat offenders
- Disclosure of the identity of the victim of certain offenses, etc
- Printing or publishing of any matter relating to Court proceedings without
permission
of criminal force and assault against a woman
- Assault or use of criminal force on a woman with intent to outrage her modesty
- Sexual harassment
- Assault or use of criminal force on a woman with intent to disrobe
- Voyeurism
- Stalking
- Word, gesture, or act intended to insult the modesty of a woman
Of offences relating to marriage
- Dowry death
- Cohabitation caused by a man deceitfully inducing belief in lawful marriage
- Marrying again during the lifetime of the husband or wife
- The marriage ceremony was fraudulently gone through without lawful marriage
- Enticing or taking away or detaining with criminal intent a married woman.
- Husband or relative of the husband of a woman subjecting her to cruelty.
- Cruelty defined.
- Kidnapping, abducting, or inducing a woman to compel her marriage, etc.
Of causing miscarriage, etc.
- Causing miscarriage.
- Causing miscarriage without a woman’s consent.
- Death caused by an act done with intent to cause miscarriage.
- Act done with intent to prevent a child from being born alive or to cause to die after birth.
- Causing the death of a quick unborn child by an act amounting to culpable homicide.
Motive of Protection of Woemen Against Offenses in the Bhartiya Nyaya Sanhita (BNS)
The Bhartiya Nyaya Sanhita (BNS) includes provisions to protect against offenses to achieve several key motives, which are essential for the stability, security, and orderly functioning of the state. The primary motives are as follows:
1. Ensuring National Security:
Motive: The foremost motive is to safeguard the nation from internal and external threats. This includes protection against acts of sedition, rebellion, and terrorism that can compromise the country’s sovereignty and security.
Explanation: By criminalizing actions that threaten the state, the BNS aims to maintain the integrity and stability of the nation.
2. Maintaining Public Order and Safety:
Motive: To ensure that public order and safety are upheld, preventing activities that disrupt peace and harmony within society.
Explanation: This includes provisions against riots, unlawful assemblies, and public nuisances that can lead to chaos and disorder.
3. Upholding the Rule of Law:
Motive: To reinforce the rule of law by defining clear legal standards for behavior and ensuring that those who violate these standards are held accountable.
Explanation: The BNS provides a legal framework that delineates acceptable conduct and prescribes penalties for violations, thus promoting legal certainty and fairness.
4. Protecting Fundamental Rights:
Motive: To protect the fundamental rights of individuals by preventing and penalizing acts that infringe upon these rights.
Explanation: This includes protections against human trafficking, exploitation, and other crimes that violate personal freedoms and human dignity.
5. Promoting Social Justice
Motive: To promote social justice by addressing crimes that disproportionately affect marginalized and vulnerable populations, including women and children.
Explanation: Provisions in the BNS aim to tackle issues such as domestic violence, sexual assault, and dowry-related crimes, ensuring justice for victims and promoting equality.
6. Facilitating Economic Stability:
Motive: To protect the economic stability of the nation by preventing crimes such as fraud, corruption, and embezzlement.
Explanation: Economic crimes undermine trust in financial systems and institutions, and the BNS seeks to maintain economic integrity through stringent legal measures.
7. Enhancing International Cooperation:
Motive: To align with international legal standards and promote cooperation in combating transnational crimes.
Explanation: The BNS includes provisions that facilitate extradition, mutual legal assistance, and collaboration with other nations in addressing crimes that cross borders.
8. Deterring Criminal Behavior:
Motive: To deter individuals from engaging in criminal activities by imposing penalties and creating a legal deterrent.
Explanation: The prospect of legal consequences serves as a deterrent to potential offenders, thereby reducing the incidence of crime.
9. Providing Legal Redress and Justice:
Motive: To ensure that victims of crimes receive justice and that offenders are punished appropriately.
Explanation: The BNS establishes procedures for legal redress, ensuring that victims can seek and obtain justice through the legal system.
Conclusion
The motive behind protecting against offenses in the Bhartiya Nyaya Sanhita is multifaceted, aiming to ensure national security, maintain public order, uphold the rule of law, protect fundamental rights, promote social justice, facilitate economic stability, enhance international cooperation, deter criminal behavior, and provide legal redress. These motives collectively contribute to a stable, secure, and just society.
Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India
